GIFT  OF 


Stoi^  o-^    fK^-CtLA.a?Ax^ 


EC  11  ^^^^ 


Kentucky  School  Laws 
1910 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/commonschoollawsOOkentrich 


THE 


Common  School  Laws 

ijF  THE  ~  ~ 

STATE  OF  KENTUCKY 


REVISED  TO  DATE 


EDITED  AND  PUBLISHED  BY 

ELLSWORTH  REGENSTEIN 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


»  »»    .> 


i:,ouisvii.i.i{ 

CONTINRNTAI,  PRINTING   COMPANY 
3910 


FOREWORD 

Few  changes  were  made  In  the  School  Laws  by  the  General 
Assembly  of  1910.  However,  m  compliance  with  Section  4393  and 
Section  4395  of  the  Statutes,  we  submit  this  revision.  Decisions 
of  the  Court  of  Appeals,,  opinions  of  the  Attorney  General,  and 
Rulings  of  the  Department,  bearing  on  the  interpretation  of  the 
School  Laws,  will  be  found  in  Chapter  23. 

Ellsworth  Eegenstein, 
Superintendent  of  Public  Instruction. 


*  •*  •  • 


•     .  •  • 


CONTENTS. 


School  Law.  ^ 

Chapter.  -           Pa*e. 
1.  Educational    Provisions    of   tliQ    Kentucky    Constitu- 
tion          1 

II.      General  Provisions   4 

III.  School  Fund 6 

IV.  State  Board  of  Education 10 

V.      Superintendent   of   Public   Instruction 12 

VI.      County  Superintendent  16 

VII.     'Certification  and  Duty  of  Teachers 27 

VIII.     County  School  Book  Law 36 

IX.      County  School  District  Law 45 

X.      Graded  Common  Schools 54 

XL      Teachers'  Institute 69 

XII.      County  and   District   Library 73 

XIII.  .Enforced    Attendance    75 

XIV.  Compulsory   Attendance — Cities   of   the    1st,   2d,   3d 

and  4th  Classes 17 

XV.     The  Child  Labor  Law  83 

XVI.      Schools  in  Cities  of  the  1st  Class 91 

XVII.      Schools  in  Cities  of  the  2d  Class 109 

XVIII.     Schools  in  Cities  of  the  3d  Class 118 

XIX.     Schools  in  Cities  of  the  4th  Class 123 

XX.     State    Normal    Schools    130 

XXI.     The   State  University   144 

XXII.      Kentucky  Normal  and  Industrial  Institute 164 

XXIII.      Decisions,   Opinions   and   Rulings   169 


242858 


CHAPTER  I. 

EDUCATIONAL  PROVISIONS  OF  THE 
KENTUCKY  CONSTITUTION. 


§  183. — Common  Schools  to  be  provided  for — The  General  As- 
sembly shall,  by  appropriate  legislation,  provide  for  an  efficient  sys- 
tem of  common  schools  throughout  the  State.  (See  sec.  4363,  Ky. 
Stat.) 

§  184. — Fund  set  apart  for  common  Schools — taxation  for  A.  & 
M.  College — The  bond  of  the  Commonwealth,  issued  in  favor  of 
the  Board  of  Education,  for  the  sum  of  one  million  three  hundred 
and  twenty-seven  thousand  dollars,  shall  constitute  one  bond  of 
the  Commonwealth  in  favor  of  the  Board  of  Education,  and  this 
bond  and  the  seventy-three  thousand  five  hundred  dollars  of  the 
stock  in  the  Bank  of  Kentucky  (now  seventy-nine  thousand  eight 
hundred),  held  by  the  Board  of  Education,  and  its  proceeds,  shall 
be  held  inviolate  for  the  purpose  of  sustaining  the  system  of  the 
common  schools.  The  interests  and  dividends  of  said  fund,  together 
with  any  sum  which  may  be  produced  by  taxation  or  otherwise  for 
the  purposes  of  common  school  education,  shall  be  appropriated  to 
the  common  schools,  and  to  no  other  purpose.  No  stim  shall  be 
raised  or  collected  for  education  other  than  in  common  schools  until 
the  question  of  taxation  is  submitted  to  the  legal  voters,  and  the 
majority  of  the  votes  cast  at  said  election  shall  be  in  favor  of  such 
taxation :  Provided,  The  tax  now  imposed  for  educational  pur- 
poses, and  for  the  endowment  and  maintenance  of  the  Agricultural 
and  Mechanical  College,  shall  remain  until  changed  by  law.  (See 
sec.  4370,  Ky.  Stat.) 

§  185. — Common  School  Funds — Investment — Interest  on — The 
General  Assembly  shall  make  provision,  by  law,  for  the  payment  of 
the  interest  of  said  school  fund,  and  may  provide  for  the  sale  of  the 
stock  in  the  Bank  of  Kentucky;  and  in  case  of  a  sale  of  all  or  any 
part  of  said  stock,  the  proceeds  of  sale  shall  be  invested  by  the  Sink- 


2  School  Laws  of  Kentucky. 

ing  Fund  Commissioners  in  other  good  interest-bearing  stocks  or 
bonds,  which  shall  be  subject  to  sale  and  re-investment,  from  time 
to  time,  in  like  manner  with  the  same  restrictions  as  provided  with 
reference  to  the  sale  of  the  said  stock  in  the  Bank  of  Kentucky. 
(See  sec.  4370,  Ky.  Stat.) 

§  186. — Distribution  of  Fund — Surplus  due  Counties — Each 
county  in  the  Commonwealth  shall  be  entitled  to  its  proportion  of 
the  school  fund  on  its  census  of  pupil  children  for  each  school  year ; 
if  the  pro  rata  share  of  any  school  district  be  not  called  for  after  the 
second  school  year,  it  shall  be  covered  into  the  treasury  and  be 
placed  to  the  credit  of  the  school  fund  for  general  apportionment 
the  following  school  year.  The  surplus  now  due  the  several  coun- 
ties shall  remain  a  perpetual  obligation  against  the  Commonwealth 
for  the  benefit  of  said  respective  counties  for  which  the  Common- 
wealth shall  execute  its  bond,  bearing  interest  at  the  rate  of  six  per 
centum  per  annum,  payable  annually,  to  the  counties  respectively 
entitled  to  the  same,  and  in  the  proportion  to  which  they  are 
entitled,  to  be  used  exclusively  in  aid  of  common  schools.  (See  sec. 
4375,  Ky.  Stat.) 

§  187. — Each  race  to  share  Fund  equally — Separate  Schools — 
In  distributing  the  school  fund  no  distinction  shall  be  made  on 
account  of  race  or  color  and  separate  schools  for  white  and  colored 
children  shall  be  maintained. 

§  188. — School  Fund — Money  received  from  United  States,  part 
cf — So  much  of  any  moneys  as  may  be  received  by  the  Common- 
wealth from  the  United  States  under  the  recent  act  of  Congress  re- 
funding the  direct  tax  shall  become  a  part  of  the  school  fund  and 
be  held  as  provided  in  section  184;  but  the  General  Assembly  may 
authorize  the  use  by  the  Commonwealth  of  the  moneys  so  received 
or  any  part  thereof,  in  which  event  a  bond  shall  be  executed  to  the 
Board  of  Education  for  the  amount  so  used,  which  bond  shall  be 
held  on  the  same  terms  and  conditions  and  subject  to  the  provisions 
of  section  184,  concerning  the  bond  therein  referred  to.  (See  sec. 
4370,  Ky.  Stat.) 

§  189. — Appropriation  for  Sectarian  purposes  Forbidden — No 
portion  of  any  fund  or  tax  now  existing,  or  that  may  hereafter  be 
raised  or  levied  for  educational  purposes,  shall  be  appropriated  to, 
or  used  by,  or  in  aid  of,  any  church,  sectarian  or  denominational 
school.    (See  further,  Con.,  sec.  5.) 


School  Laws  of  Kentucky.  3 

(^  155. — School  Elections — Exceptions  in  Favor  of — The  provis- 
ions of  sections  145  to  154,  inclusive,  (which  require  a  secret  ballot 
in  all  elections,  etc.),  shall  not  apply  to  the  election  of  school  trus- 
tees and  other  common  school  district  elections.  Said  elections  shall 
be  regulated  by  the  General  Assembly,  except  as  otherwise  provided 
in  the  Constitution.     (See  sees.  4434,  4458,  Ky.  Stat.) 

§  157. — Municipal  Tax  Rate — Indebtedness — Submission  to 
Voters — The  tax  rate  of  cities,  towns,  counties,  taxing  districts  and 
other  municipalities,  for  other  than  school  purposes,  shall  not,  at 
any  time,  exceed  the  following  rates  upon  the  value  of  the  taxable 
property  therein,  viz. :  For  all  towns  or  cities  having  a  population 
of  fifteen  thousand  or  more,  one  dollar  and  fifty  cents  on  the  hundred 
dollars ;  for  all  towns  or  cities  having  less  than  fifteen  thousand  and 
not  less  than  ten  thousand,  one  dollar  on  the  hundred  dollars;  for 
all  towns  OT  cities  having  less  than  ten  thousand,  seventy-five  cents 
on  the  hundred  dollars,  and  for  counties  and  taxing  districts  fifty 
cents  on  the  hundred  dollars ;  unless  it  should  be  necessary  to  enable 
such  city,  town,  county  or  taxing  district  to  pay  the  interest  on,  and 
provide  a  sinking  fund  for  the  extinction  of,  indebtedness  contracted 
before  the  adoption  of  this  Constitution.  No  county,  city,  town, 
taxing  district,  or  other  municipality  shall  be  authorized  or  per- 
mitted to  become  indebted,  in  any  manner  or  for  any  purpose,  to  an 
amount  exceeding,  in  any  year,  the  income  and  revenue  provided  for 
such  year,  without  the  assent  of  two-thirds  of  the  voters  thereof, 
voting  at  an  election  to  be  held  for  that  purpose ;  and  any  indebted- 
ness contracted  in  violation  of  this  section  shall  be  void.  Nor  shall 
such  contract  be  enforceable  by  the  person  with  whom  made;  nor 
shall  such  municipality  ever  be  authorized  to  assume  the  same. 

BILL  OF  RIGHTS. 

§  5. — Freedom  of  conscience — Church  and  State — Education — 
No  preference  shall  ever  be  given  by  law  to  any  religious  sect,  so- 
ciety or  denomination ;  nor  to  any  particular  creed,  mode  of  worship 
or  system  of  ecclesiastical  polity ;  nor  shall  any  person  be  compelled 
to  attend  any  place  of  worship,  to  contribute  to  the  erection  or 
maintenance  of  any  such  place,  or  to  the  salary  or  support  of  any 
minister  of  religion;  nor  shall  any  man  be  compelled  to  send  his 
child  to  any  school  to  which  he  may  be  conscientiously  opposed; 


4  School  Laws  of  Kentucky. 

and  the  civil  rights,  privileges  or  capacities  of  no  person  shall  be 
taken  away,  or  in  anywise  diminished  or  enlarged  on  account  of  his 
belief  or  disbelief  of  any  religious  tenet,  dogma  or  teaching.  No 
human  authority  shall,  in  any  case,  whatever,  control  or  interfere 
with  the  rights  of  conscience.     (See  further,  sec.  189  Con.) 

LOCAL  AND  SPECIAL  LEGISLATION. 

^  59.— Limitations  upon— The  General  x^ssembly  shall  not  pass 
local  or  special  acts  concerning  any  of  the  following  subjects,  or  for 
any  of  the  following  purposes,  namely : 

Sub.  Sec.  25.— Common  Schools— To  provide  for  the  manage- 
ment of  common  schools.     (See  Chap.  113,  Ky.  Stat.) 

CHILDREN. 

^  243.— Children— Age  at  which  they  may  be  employed  to  be 
fixed— The  General  Assembly  shall,  by  law,  fix  the  minimum  ages 
at  which  children  may  be  employed  in  places  dangerous  to  life  or 
health,  or  injurious  to  morals;  and  shall  provide  adequate  penalties 
for  violation  of  such  law.  (See  sec.  326,  Ky.  Stat.)  (See  also 
Chapters  67  and  68,  Acts,  1908.) 

SCHOOL  LAW. 


CHAPTER  II. 

GENERAL  PROVISIONS. 

§  1. — A  Uniform  System — There  shall  be  maintained  throughout 
the  State  of  Kentucky  a  uniform  system  of  common  schools  in  ac- 
cordance with  the  Constitution  of  the  State  and  this  chapter.  (Ky. 
Stat.  Sec.  4363.) 

§  2. — Common  School  Defined — Any  Child  may  Attend — No 
school  shall  be  deemed  a  "common  school,"  within  the  meaning  of 
this  chapter,  or  be  entitled  to  any  contribution  out  of  the  school 
fund,  unless  the  same  has  been,  pursuant  hereto,  actually  kept,  or  is 
under  contract  to  be  kept,  by  a  qualified  teacher  for  six  or  more 
months  in  all  subdistricts  during  the  same  school  year,  and  at  which 


School  Laws  of  Kentucky,  5 

every  child  residing  in  the  district  between  the  ages  of  six  and 
twenty  years,  has  had  the  privilege  of  attending,  whether  contribut- 
ing towards  defraying  the  expenses  or  not :  Provided,  That  nothing 
I.erein  shall  prevent  any  person  from  attending  the  comman  school 
ho  will  obtain  the  consent  of  the  trustees  and  the  teachers  and 
ay  the  required  tuition  fees.  In  order  that  each  child  of  the  Com- 
monwealth may  enjoy  the  benefits  of  a  six  months'  school,  the 
Superintendent  of  Public  Instruction  shall  for  each  school  year  ap- 
portion the  fund  for  each  county  having  one  or  more  subdistricts  of 
less  than  fifty  pupil-children  as  follows :  He  shall  apportion  to  each 
district,  without  regard  to  school  population,  the  per  capita  of  fifty 
pupil-children,  both  from  the  fund  derived  from  the  State  and  the 
interest  on  the  county  bond,  if  any,  and  pro  rate  the  remainder  of 
the  fund  amo^ng  the  districts  having  more  than  fifty  such  children. 
Provided,  That  any  fractional  balance  shall  be  omitted  in  computing 
the  said  per  capita,  and  that  the  aggregate  of  fractional  balances 
shall  be  credited  to  the  respective  counties,  and  be  taken  into  ac- 
count the  following  year :  (Ky.  Stat.  Sec.  4364,  as  changed  by  act 
1908.) 

§  3. — School  Year — The  school  year  shall  begin  on  the  first  day 
of  July  and  end  on  the  thirtieth  of  June.     (Ky.  Stat.  Sec.  4365.) 

§  4. — School  Month — School  Day — Assistant  Teachers — Twen- 
ty school  days,  or  days  in  which  teachers  are  actually  employed  in 
the  school  room,  shall  constitute  a  school  month  in  the  common 
schools  of  the  State;  but  no  teacher  shall  teach  on  Saturdays. 
Teachers  shall  have  the  benefit  of  only  such  legal  holidays  as  they 
actually  observe.  Six  hours  of  actual  work  in  the  school  room  shall 
constitute  a  school  day ;  and  under  no  circumstances  shall  the  daily 
session,  including  recesses  and  intermissions,  exceed  nine  hours  in 
length.  When  the  attendance  exceeds  fifty,  the  teacher  may  employ, 
during  such  attendance,  an  assistant,  whose  scholarship  and  com- 
petency shall  be  acceptable  to  the  division  board  of  his  educational 
division.  When  the  school  shall  require  an  assistant  to  serve  reg- 
ularly at  a  salary  such  assistant  shall  hold  a  certificate  of  qualifica- 
tion and  be  employed  by  the  division  board  of  his  educational  di- 
vision.    (Ky.  Stat.  Sec.  4366,  as  changed  by  Act  1908.) 

§  5. — Regulations  for  Schools — Penalties — All  pupils  who  may 
be  admitted  to  common  schools  shall  comply  with  the  regulations 
established  in  pursuance  of  law  for  the  governmcnst  of  such  schools. 


6  School  Laivs  of  Kentucky. 

Willful  disobedience  or  defiance  of  the  authority  of  the  teachers, 
habitual  profanity  or  vulgarity,  or  other  gross  violation  of  propriety 
or  law,  shall  constitute  good  cause  for  suspension  or  expulsion  from 
school.     (Ky.  Stat.  Sec.  4367.) 

§  6. — Forbidden  Publications  and  Doctrines — No  books  or  other 
publications  of  a  sectarian,  infidel,  or  immoral  character,  shall  be 
used  or  distributed  in  any  common  school ;  nor  shall  any  sectarian, 
infidel  or  immoral  doctrine  be  taught  therein.    (Ky.  Stat.  Sec.  4368.) 

§  7. — Conditions  for  Graduation — Whenever  a  pupil  of  any  com- 
mon school  shall  have  faithfully  completed  the  prescribed  course  of 
study,  shall  have  passed  a  proper  examination  before  the  County 
Board  of  Examiners  on  a  series  of  questions  prescribed  by  the  State 
Board  of  Examiners,  and  paid  to  the  said  county  board  an  examina- 
tion fee  of  one  dollar,  he  shall  be  entitled  to  a  certificate  of  such 
completion  and  examination,  signed  by  said  county  board,  and  ap- 
proved by  the  Superintendent  of  Public  Instruction  who  shall  affix 
thereto  his  official  seal.  The  Superintendent  of  Public  Instruction 
shall  prepare  a  proper  form  for  said  certificate.  One  such  examina- 
tion shall  be  held  in  each  county  on  the  last  Friday  and  Saturday 
in  January,  and  another  on  the  second  Friday  and  Saturday  in  May 
of  each  year.     (Ky.  Stat.  Sec.  4369.) 


CHAPTER  III. 

SCHOOL  FUND. 

§  8. — School  Fund— The  school  fund  shall  consist  of  the  fund 
dedicated  by  the  Constitution  and  laws  of  this  Commonwealth  for 
the  purpose  of  sustaining  a  system  of  common  schools  therein:  (1) 
The  interest  on  the  bond  of  the  Commonwealth  for  one  million  three 
hundred  and  twenty-seven  thousand  dollars  ($1,327,000.00)  in  aid 
of  common  schools,  at  the  rate  of  6  per  cent,  per  annum,  payable 
semi-annually  on  the  first  day  of  January  and  July  of  each  year. 
(2)  The  dividends  on  seven  hundred  and  thirty-five  (now  seven 
hundred  and  ninety-eight)  shares  of  the  capital  stock  of  the  Bank 
of  Kentucky  representing  a  par  value  of  seventy-three  thousand 
five  hundred  dollars  (now  seventy-nine  thousand  eight  hundred) 
owned  by  the  State.  The  surplus,  three  hundred  and  eighty-one 
thousand  nine  hundred  and  eighty-six  dollars  and  eight  cents  ($381,- 


School  Laws  of  Kentucky.  7 

986.08),  now  due  the  several  counties,  and  remaining  a  perpetual 
obligation  against  the  Commonwealth  for  the  benefit  of  said  respect- 
ive counties  for  which  the  Commonwealth  shall  execute  its  bond, 
bearing  interest  at  the  rate  of  6  per  cent,  per  annum,  pa5i:ahle  an- 
nually on  the  first  day  of  July  to  the  counties  respectively  entitled 
to  the  same,  and  in  the  proportion  to  which  they  are  entitled,  to  be 
used  exclusively  in  aid  of  common  schools.  Said  bond  shall  be 
executed  by  the  Governor  and  attested  by  the  Secretary  of  State  for 
and  on  behalf  of  the  Commonwealth  of  Kentucky,  and  when  said 
bond  is  executed  the  old  bond  for  three  hundred  and  seventy-eight 
thousand  nine  hundred  and  forty-six  dollars  and  seventy-one  cents, 
being  part  of  said  bond,  shall  be  cancelled  and  destroyed.  (4.)  The 
interest  at  6  per  cent,  per  annum,  payable  semi-annually,  on  the 
first  day  of  January  and  July,  on  six  hundred  and  six  thousand,  six 
hundred  and  forty-one  dollars  and  three  cents  ($606,641.03),  re- 
ceived from  the  United  States  under  an  act  approved  March  2,  1891, 
for  which  the  Commonwealth  has  executed  bond  pursuant  to  an  act 
approved  March  12,  1892.  (5.)  The  annual  tax  of  twenty-six  and 
one-half  cents  on  each  one  hundred  dollars  of  value  of  all  real  and 
personal  estate  and  corporate  franchises  directed  to  be  assessed  for 
taxation.  (6.)  Such  portions  of  fines,  forfeitures  and  licenses  which 
may  be  realized  by  the  State  as  the  amount  of  taxes  for  common 
school  purposes  bears  to  the  whole  State  tax  other  than  for  the 
benefit  of  the  Agricultural  and  Mechanical  College.  (Ky.  Stat. 
Sec.  4370.) 

§  9. — Claims  for  Damage  to  Sheep — Surplus  to  credit  of  County 
School  Fund — At  each  meeting  of  the  fiscal  court  the  claims  for  loss 
or  damage  to  sheep,  which  have  been  filed  not  less  than  thirty  days 
prior  to  such  meeting,  shall  be  taken  up  and  considered,  and  re- 
jected, or,  if  correct  and  just,  allow  the  same,  or  such  parts  thereof 
as  may  be  deemed  right:  Provided,  That  the  fiscal  court  may  re- 
quire additional  evidence  on  any  such  claims,  either  by  oral  testi- 
mony or  affidavits.  Such  claims  as  are  allowed  shall  be  filed  with 
the  Auditor,  who  shall,  after  the  first  of  January  of  each  year,  take 
up  all  such  claims  by  counties,  and  draw  his  warrants  upon  the 
Treasurer  in  favor  of  claimant  for  the  amount  allowed  by  the  fiscal 
court:  Provided,  If  the  amount  of  the  dog  tax  fund  to  the  credit 
of  any  county  be  not  sufficient  to  pay  all  claims  for  such  county,  the 
Auditor  shall  pro  rate  the  claims  from  such  county.     Any  surplus 


8  School  Laws  of  Kentuchy. 

remaining  to  the  credit  of  a  county  after  all  such  claims  are  allowed 
shall  be  transferred  to  the  credit  of  the  school  fund  of  such  county. 
(Ky.  Stat.  Sec.  68a  sub-section  4.) 

§  10.— Entire  Annual  Resources— How  Appropriated— The 
foregoing  shall  constitute  the  annual  resources  of  the  school  fund 
of  Kentucky,  and  shall  be  paid  into  the  treasury,  and  shall  not  be 
drawn  out  or  appropriated,  except  to  pay  the  expenses  of  the  State 
Department  of  Education  of  whatever  character  or  kind,  and  in 
aid  of  common  schools,  as  provided  in  this  chapter.  (Ky.  Stat. 
Sec.  4371.) 

§  11. — Use  of  Fund  and  its  Revenue — Except  as  otherwise  ex- 
pressly provided  in  this  chapter,  no  part  of  the  common  school  fund, 
or  of  the  revenue  thereof,  shall  be  used  for  any  other  purpose  than 
the  payment  of  teachers  of  common  schools,  legally  qualified  and 
employed  in  pursuance  thereof.     (Ky.  Stat.  Sec.  4372.) 

§  12. — Duty  of  Auditor — The  auditor  shall  keep  the  accounts  in 
relation  to  this  fund.  He  shall,  once  in  each  month,  make  a  transfer 
to  the  credit  of  said  fund  of  all  receipts  into  the  treasury,  with  the 
source  of  each  item,  for  the  benefit  of  the  common  schools  up  to  the 
date  of  such  transfer.  He  shall  allow  no  expenditures  on  that  ac- 
count beyond  the  annual  revenue  of  the  fund,  and  shall  see  that  no 
county  draws  more  than  its  proper  proportion.  (Ky.  Stat.  Sec. 
4373.) 

§  13. — Distribution  of  net  Revenue — The  net  revenue  of  the 
fund  accruing  during  each  school-year  shall  constitute  the  sum  to 
be  distributed.  But  no  fees  to  county  judges  or  clerks,  discount  on 
checks,  or  other  incidental  expenses,  shall  be  paid  out  of  the  distrib- 
utable share  of  the  revenue  apportioned  to  any  county;  but  such 
payment,  when  allowed  by  the  fiscal  court,  shall  be  made  out  of  the 
county  levy.     (Ky.  Stat.  Sec.  4374.) 

§  14. — Estimate — Pro  Rata  Apportionment — Second  Year  Fund 
— Extended  School  Term  and  Supplement  Salary  of  Teacher — 
Surplus — The  Superintendent  of  Public  Instruction  shall,  on  or 
before  the  fifteenth  day  of  July  in  each  year,  ascertain  and  estimate 
lor  the  school  year  the  pro  rata  share  to  which  each  pupil-child  will 
be  entitled,  according  to  the  whole  number  of  such  children  residing 
in  each  county  and  each  school  district  respectively,  as  shown  by 
ihe  returns  of  the  County  Superintendent.  If  at  the  time  of  making 
such  estimate  and  apportionment,  the  census  returns  of  the  superin- 


School  Laius  of  Kentucky .  9 

tendent  for  any  county  have  not  been  made  to  him,  he  shall  use  the 
census  returns  made  for  the  previous  year.  It  shall  be  the  duty  of 
the  Auditor  to  furnish  the  Superintendent  of  Public  Instruction  such 
data  as  may  be  needed  in  making  such  estimate  and  apportionment. 
It  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction,  as 
soon  as  practicable,  to  file  such  a  copy  of  said  estimate  and  appor- 
tionment with  the  Auditor,  and  to  inform  each  county  superintend- 
ent of  the  amount  to  which  each  school  subdisti^ct  of  his  county 
shall  be  entitled.  Whatever  difference  may  exist  between  the  es- 
timated and  the  actual  revenue  of  the  school  fund  for  any  school 
year  shall  be  taken  into  the  account  of  the  estimate  and  apportion- 
ment for  the  succeeding-  school  year.  If  the  pro  rata  share  of  any 
school  be  not  called  for  after  the  second  school  year,  it  shall  be  cov- 
ered into  the  treasury  and  be  placed  to  the  credit  of  the  school  fund 
for  general  apportionment  the  following  school  year.  When  any 
school  subdistrict  in  any  school  year  shall  have  failed  to  use  all  or 
any  part  of  the  money  due  it  for  such  school  year  such  subdistrict 
shall  be  entitled  to  said  money  for  the  next  school  year,  which 
money  shall  be  used  either  to  extend  the  school  term  or  to  supple- 
ment the  salary  of  the  teacher  or  teachers  employed  to  teach  such 
shool  as  may  be  agreed  upon  by  trustees  of  such  subdistrict  and  the 
teacher  or  teachers  employed  to  teach  therein;  provided,  however 
that  any  contract  or  agreement  for  the  use  of  any  money  not  used 
in  any  previous  school  year,  shall  be  approved  by  the  County  Super- 
intendent of  Common  Schools.  A  detailed  statement  of  the  surplus 
amount  to  which  each  county  is  entitled  shall  be  made  out  by  the 
Superintendent  of  Public  Instruction  and  filed  and  preserved  in  his 
office.  The  bonded  surplus  in  the  State  treasury  to  the  credit  of  the 
counties  shall  bear  interest  at  the  rate  of  six  per  cent,  per  annum, 
and  the  per  capita  derived  from  said  interest  shall  be  duly  appor- 
tioned to  the  white  and  the  colored  schools  of  the  county  respect- 
ively, and  be  paid  as  provided  in  the  following  section :  Provided, 
That  when  any  county  heretofore  established  out  of  the  territory 
belonging  to  a  county  or  counties  having  a  surplus  which  has  not 
been  apportioned  among  said  counties,  and  when  any  new  county 
shall  hereafter  be  established  out  of  territory  belonging  to  a  county 
or  counties  having  such  a  surplus,  then  the  Superintendent  of  Public 
Instruction  shall  apportion  such  surplus  among  the  original  and 


10  School  Laws  of  Kentucky. 

new  counties  in  an  equitable  manner.      (Ky.  Stat.   Sec.  4375,  as 
amended  by  act  of  General  Assembly  1908.) 

§  15.— Successive  Warrants— Distributing  School  Fund— Pay 
Rolls— Fund  if  insufficient  must  be  distributed  proportionately  im- 
partially—For each  school  year  the  Auditor  of  Public  Accounts 
shall,  on  the  successive  warrants  of  the  Superintendent  of  Public 
Instruction,  distribute  the  amount  of  the  school  fund  due  each 
County  Superintendent  of  Common  Schools,  and  the  amount  due 
each  city,  town  or  village,  organized  as  one  district  to  the  Treas- 
urer of  the  School  Board  thereof,  as  follows :  On  or  before  the  first 
of  October,  one-sixth  of  the  whole  amount ;  on  or  before  the  first  of 
November,  one-sixth  of  the  whole  amount ;  on  or  before  the  first  day 
of  December,  two-sixths  of  the  whole  amount;  on  or  before  the  first 
of  January,  one-sixth  of  the  whole  amount,  and  on  or  before  the 
first  of  February  the  residue,  including  the  undistributed  surplus; 
Provided,  That  if  on  the  first  day  of  October,  November  or  Decem- 
ber, the  amount  in  the  treasury  to  the  credit  of  the  school  fund  be 
insufficient  to  admit  of  a  full  distribution  of  the  proportion  required 
by  this  act,  then  the  Auditor  of  Public  Accounts  shall,  upon  the 
successive  warrants  of  the  Superintendent  of  Public  Instruction, 
distribute  the  amount  of  the  school  fund  then  on  hand  proportion- 
ately, without  preference  or  partiality,  to  all  the  school  districts  in 
the  State  as  heretofore  directed,  and  in  no  event  shall  any  school 
subdistrict  entitled  to  participate  be  omitted  or  excluded  in  any 
distribution,  or  a  further  distribution  be  made  to  any  district  or  sub- 
district  until  all  other  subdistricts  have  been  made  equal  on  any 
previous  distribution  theretofore  made.  (Ky.  Stat.  Sec.  4376,  as 
amended  by  act  of  General  Assembly,  1904.) 


CHAPTER  IV. 

STATE  BOARD  OF  EDUCATION. 

§  16. — How  Constituted — The  Superintendent  of  Public  Instruc- 
tion, together  with  the  Secretary  of  State  and  Attorney-General, 
shall  constitute  the  State  Board  of  Education.  The  board  thus  con- 
stitued  shall  be  a  body  politic  and  corporate  by  the  name  and  style 
of  the  Kentucky  State  Board  of  Education.     (Ky.  Stat.  Sec.  4377.) 

§  17. — Powers  as  to  real  and  personal  estate — Custodian  of  evi- 


School  Laws  of  Kentucky.  11 

dences — The  corporation  shall  take,  hold  and  dispose  of  real  or  per- 
sonal estate  for  the  benefit  of  the  common  schools  of  the  State.  The 
bonds,  certificates  of  stock,  and  other  evidences  of  property  held  by 
the  board  for  common  school  purposes,  shall  be  in  the  custody  of 
the  chairman,  and  the  place  of  deposit  shall  be  shown  by  th'e  records 
of  the  board.    (Ky.  Stat.  Sec.  4378.) 

§  18. — Chairman — Quorum — The  Superintendent  of  Public  In- 
struction shall  be  chairman  of  the  board,  and,  with  one  other  mem- 
ber, may  control  its  corporate  action  at  any  regular  or  called  meet- 
ing of  the  board,  of  which  all  the  members  shall  have  had  timely 
notice  in  writing.     (Ky.  Stat.  Sec.  4379.) 

§  19. — Meetings — How  called — The  board  shall  meet  only  on 
written  call  of  the  chairman.     (Ky.  Stat.  Sec.  4380.) 

§  20. — Corporate  Acts — The  corporate  acts  of  the  board  shall 
be  attested  by  the  signature  of  the  chairman,  and  his  private  seal 
shall  stand  in  lieu  of  a  corporate  seal.     (Ky.  Stat.  Sec.  4381.) 

§  21. — Standing  Committee — The  State  Board  of  Education 
shall  constitute  a  standing  committee,  who  shall  prepare  rules,  by- 
laws and  regulations  for  the  government  of  the  common  schools  of 
the  State,  which  shall  be  adopted  and  enforced  under  the  authority 
and  direction  of  the  county  superintendents,  trustees  and  teachers; 
shall  prescribe  regulations  for  the  management  of  county  teachers' 
libraries,  and  prepare  suitable  lists  of  books  for  subdistrict  libraries 
with  regulations  for  the  management  thereof;  shall  prescribe  and 
publish  a  public  graded  course  of  study  for  the  common  schools 
specifying  the  order  of  studies,  and  the  time  to  be  alloted  to  each, 
which  course  of  study  shall  be  observed  by  the  teacher  and  enforced 
by  the  trustees.     (Ky.  Stat.  Sec.  4382.) 

§  22. — Course  of  Study — The  instruction  prescribed  by  the 
board  shall  embrace  spelling,  reading,  writing,  arithmetic,  English 
grammar,  English  composition,  geography,  physiology  and  hygiene, 
civil  government.  United  States  history  and  the  history  of  Ken- 
tucky. After  July  1,  1893,  the  nature  and  effects  of  alcoholic  drinks 
and  narcotics  upon  the  human  system  shall,  in  all  schools  supported 
wholly  or  in  part  by  the  State,  be  taught  as  thoroughly  as  other 
required  studies  to  all  pupils  studying  physiology  and  hygiene  as  a 
part  of  this  branch.     (Ky.  Stat.  Sec,  4383.) 


12  ScJiool  Laws  of  Kentucky. 


CHAPTER  V. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  23.— Oath— Bond—Beginning  of  term— The  Superintendent 
of  Public  Instruction  shall  take  the  oath,  and  enter  upon  the  duties 
of  his  office,  on  the  first  Monday  in  January  after  his  election,  and 
shall  give  bond  to  the  Commonwealth,  with  good  security,  for  the 
faithful  performance  of  his  duties  to  be  approved  by  the  Governor, 
with  at  least  twenty-five  thousand  dollars,  the  bond  to  be  filed  in  the 
office  of  the  Secretary  of  State.    (Ky.  Stat.  Sec.  4384.) 

§  24. — Salary — Office  Supplies — Clerks — His  salary  shall  be  two 
thousand  five  hundred  dollars  per  annum;  besides  which,  he  shall 
be  entitled  to  all  office  fixtures,  stationery,  books,  postage,  fuel  and 
lights  needed  to  carry  on  the  work  of  his  office.  He  shall  have 
power  to  appoint  three  clerks,  namely :  A  chief  clerk,  whose  salary 
shall  be  fifteen  hundred  dollars  per  annum,  a  first  clerk  whose  salary 
shall  be  one  thousand  dollars  per  annum,  and  a  second  clerk,  whose 
salary  shall  be  eight  hundred  and  fifty  dollars  per  annum;  said 
salaries  to  be  paid  monthly  out  of  the  common  school  fund.  (Ky. 
Stat.  Sec.  4385.) 

§  25. — State  Board  of  Examiners — The  Superintendent  of  Pub- 
lic Instruction  shall  appoint  two  professional  educators,  who,  to- 
gether with  himself,  shall  constitute  a  State  Board  of  Examiners, 
who  shall  examine  all  applicants,  personally  applying  to  them  for 
certificates  of  qualifications  as  county  superintendents,  or  for  State 
diplomas  or  State  certificates.  The  said  Board  of  Examiners  shall 
prepare  the  series  of  questions  for  the  examination  of  candidates  for 
county  superintendents,  as  provided  in  section  39  of  this  chapter, 
and  also  the  different  series  of  questions  for  the  examination  of 
teachers  as  provided  in  section  65  of  this  chapter  and  before  for- 
warding to  the  county  superintendents,  shall  submit  all  of  the  said 
series  to  the  State  Board  of  Education  for  their  approval.  (Ky. 
Stat.  Sec.  4386.) 

§  26.— Office  and  Work— He  shall  keep  his  office  at  the  seat  of 
government  in  such  suitable  buildings  as  may  be  provided,  and  shall 


School  Laws  of  Kentucky.  13 

devote  his  entire  time  and  attention  to  the  duties  of  his  office.  (Ky. 
Stat.  Sec.  4387.) 

§  27. — Accounts — Settlements — Changes  of  County  Superin- 
tendent— He  shall  keep  an  account  of  all  the  orders  drawn  or  coun- 
tersigned by  him  on  the  auditor;  of  all  the  returns  of  settlements 
and  of  all  changes  in  the  office  of  county  superintendents,  which 
shall  be  furnished  to  the  auditor  whenever  required.  (Ky.  Stat. 
Sec.  4388.) 

§  28. — Biennial  report — He  shall,  biennially,  on  or  before  the 
meeting  of  the  General  Assembly,  make  report  of  the  condition, 
progress  and  prospects  of  the  common  schools;  the  amount  and 
condition  of  the  school  fund ;  how  its  revenue  for  the  two  previous 
school  years  has  been  distributed;  the  amount  produced  and  dis- 
bursed for  common  school  purposes  from  local  taxation  or  other 
sources  and  how  and  for  what  the  same  was  expended ;  an  abstract 
of  the  county  superintendents'  reports,  the  practicable  working  of 
the  common  school  system  of  the  State,  with  suggestions  as  to  any 
alterations  it  may  require;  all  of  which  together  with  such  other 
facts,  statistics  and  information,  as  may  be  deemed  of  interest  to 
be  known,  he  shall  deliver  to  the  contractor  for  the  public  printing, 
and  cause  to  be  printed  a  copy  for  each  school  district,  and  for  each 
county  and  city  superintendent  of  schools  in  the  State,  seven  hun- 
dred and  fifty  copies  for  the  use  of  the  members  of  the  General  As- 
sembly and  for  exchange  with  the  Superintendents  of  Public  In- 
struction of  other  States,  and  five  hundred  copies  for  distribution  by 
the  superintendent  according  to  his  discretion.  (Ky.  Stat.  Sec. 
4389.) 

§  29. — Educational  Charitable  Institutions — The  Superintend- 
ent, in  his  report,  shall  set  forth  the  objects,  methods  of  admission, 
and  other  general  information  concerning  the  institutions  for  the 
blind,  the  deaf  and  dumb,  and  the  feeble-minded ;  and,  to  aid  him  in 
his  work  the  superintendents  of  those  institutions  shall  be  required 
annually  by  the  first  day  of  September,  to  furnish  the  Superintend- 
ent of  Public  Instruction  with  such  condensed  statement  of  their 
respective  Institutions  as  it  would  be  profitable  to  publish.  (Ky. 
Stat.  Sec.  4390.) 

<J  30. — Of  Certified  Copies  of  Records,  etc. — Copies  of  records 
and  papers  in  his  office,  certified  by  him  shall  in  all  cases,  be  evi- 
dence equally  with  the  originals.     (Ky.  Stat.  Sec.  4391.) 


14  School  Laws  of  Kentucky. 

§  31.— Blanks—Official  Documents— Instructions— He  shall 
prepare  suitable  blanks  for  reports,  registers,  certificates,  notices, 
and  such  other  official  documents  as  may  be  provided  for  in  this 
chapter  and  shall  cause  the  same,  with  such  instructions  and  infor- 
mation as  he  may  deem  necessary  to  a  proper  understanding  and 
use  of  them  to  be  transmitted  to  the  officers  and  persons  intrusted 
with  the  execution  of  the  provisions  of  the  school  law.  (Ky.  Stat. 
Sec.  4392.) 

§  32.— Shall  Biennially  Edit  Laws— The  Superintendent  of  Pub- 
he  Instruction  shall  biennially  collect,  arrange  for  publication  and 
index  the  school  laws,  omitting  all  that  has  been  repealed  and  in- 
serting in  its  proper  place  that  which  is  amendatory.  (Ky.  Stat. 
Sec.  4393.) 

§  33.— Report  Neglect  of  Duty,  etc.— It  shall  be  his  duty  to  re- 
port any  neglect  of  duty  or  any  misappropriations  of  common  school 
funds  on  the  part  of  the  county  superintendents  or  trustees  of  com- 
mon schools  in  this  Commonwealth  to  the  county  attorney  whose 
duty  it  shall  be  whenever  such  neglect  of  duty  or  misappropriation 
of  funds  shall  come  to  his  knowledge,  to  prosecute  such  person  in 
the  circuit  court  of  the  county.    (Ky.  Stat.  Sec.  4394.) 

<^  34. — Publications  for  Annual  Distribution — He  shall  have 
published,  for  annual  distribution  throughout  the  State,  the  general 
Fchool  laws  of  the  State,  abstracts  of  the  decisions  of  the  appellate 
courts  and  of  the  Attorney-General  on  points  of  school  law  and 
construction  thereof,  decisions,  rules  and  regulations  of  the  State 
Board  of  Education  and  of  the  State  Board  of  Examiners,  plans  and 
specifications  for  building  school  houses;  information  and  instruc- 
tions in  regard  to  application  of  the  school  law  and  the  management 
of  the  common  schools,  important  official  and  legal  periods  of  the 
school  year,  with  due  notice  thereof ;  and  such  other  important  facts 
and  data  as  may  be  of  interest  to  the  public.  Acts  of  1894.  (Ky. 
Stat.  Sec.  4395.) 

<J  35. — Official  Decisions — Appeals — Records — ^The  Superin- 
tendent of  Public  Instruction  shall,  at  the  written  request  of  any 
county  superintendent  of  common  schools,  decide  any  question  of 
difference  or  doubt  touching  the  administrative  duties  of  officers 
and  teachers  of  the  common  schools  in  his  county.  The  decision  of 
the  Superintendent  of  Public  Instruction  shall  in  such  case,  be  final. 


School  Laws  of  Kentucky,  15 

unless  appeal  be  prosecuted  from  his  decision  to  the  State  Board  of 
Education  within  thirty  days.  Before  rendering  such  opinion,  the 
superintendent  may  obtain  the  advice  of  the  Attorney-General, 
whose  opinion,  in  writing,  shall  be  conclusive  for  the  time,  and 
sufficient  defense  against  all  parties.  The  decisions  of  the  Superin- 
tendent of  Public  Instruction,  and  the  opinion  of  the  Attorney-Gen- 
eral, shall  be  duly  filed  and  duly  recorded  in  a  book  kept  for  that 
purpose.     (Ky.  Stat.  Sec.  4396.) 

§  36. — Duty  in  case  of  Donations,  Gifts  or  Devise — Whenever 
he  shall  be  informed  that  any  donation,  gift  or  devise  of  any  real  or 
personal  estate  shall  have  been  made  to  the  common  school  fund  of 
Kentucky,  it  shall  be  the  duty  of  the  Superintendent  of  Public  In- 
struction to  appoint  some  discreet  person,  who  shall  take  charge  of 
the  real  or  personal  estate  so  granted,  devised  or  donated  and  sell 
and  dispose  of  the  same,  and  pay  the  proceeds  into  the  State  treas- 
ury. Before  said  agent  so  appointed  by  the  Superintendent  of  Pub- 
lic Instruction  shall  proceed  to  act,  he  shall  give  a  bond,  with  good 
security,  to  the  Commonwealth,  for  the  faithful  discharge  of  his 
duties  as  agent.  Said  bond  shall  be  given  in  the  county  in  which 
the  donor,  grantor,  or  devisor  shall  have  died,  or  in  the  county  in 
which  the  property  is  situated,  the  bond  to  be  executed  in,  and  ap- 
proved by,  the  county  court.  The  person  so  appointed  shall  make 
z  settlement  with  the  county  court  of  his  county,  once  in  each  year, 
and  shall  pay  into  the  treasury  the  amount  found  in  his  hands  after 
said  settlement.  The  court  shall  allow  said  person  a  reasonable 
compensation  for  collecting  and  paying  over  said  money,  not  ex- 
ceeding ten  per  cent,  on  the  first  five  hundred  dollars,  and  five  per 
cent,  on  the  residue,  which  amount  said  person  shall  retain  in  his 
hands  out  of  the  money  collected.  For  any  failure  of  the  person  so 
appointed  to  discharge  the  duties  under  this  law,  he  and  his  sureties 
shall  be  liable  to  all  damages  sustained,  and  for  all  money  collected, 
with  twenty  per  cent,  damages  on  the  amount  so  collected,  and 
which  he  has  failed  to  pay  over.  The  suit  on  the  bond  shall  be 
brought  in  the  name  of  the  Commonwealth  of  Kentucky,  and  shall 
be  instituted  by  the  Commonwealth's  attorney,  or  county  attorney. 
The  person  appointed  by  the  Superintendent  of  Public  Instruction 
shall  have  the  same  power  in  collecting  and  settling  the  estate  as 
an  administrator  or  executor  now  has  by  law,  may  institute  and 
defend  all  suits  in  reference  to  said  estate,  and  sell  and  convey  the 


16  School  Laivs  of  Kentucky, 

real  estate  by  deed.  The  amount  of  money  paid  into  the  treasury 
under  the  provisions  of  this  section  shall  remain  there  until  dis- 
posed of  by  law,  and  the  treasurer  and  his  sureties  shall  be  liable 
for  the  same  on  his  official  bond.  This  section  shall  apply  to  all 
gifts,  donations  or  devises  heretofore  or  hereafter  made  to  the  school 
fund  of  Kentucky.  But  the  provisions  of  this  section  shall  not 
apply  to  cases  where  the  terms  or  conditions  of  the  devises,  gifts  or 
conations  conflict  with  said  provisions ;  but,  in  such  cases,  the  terms 
or  conditons  of  the  devise,  grant  or  donation  shall  be  carried  out 
as  intended  by  the  person  making  the  same.     (Ky.  Stat.  Sec.  4397.) 

§  37. — Duty  to  Successor — Upon  retiring  from  office,  the  Super7 
intendent  of  Public  Instruction  shall  deliver  to  his  successor  all 
books,  papers  and  effects  belonging  to  the  office,  and  on  failure  to 
do  so,  shall  be  fined  in  a  sum  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  to  be  recovered  by  indictment  in  the 
Franklin -Circuit  Court.    (Ky.  Stat.  Sec.  4398.) 

§  38. — Expenses  to  be  paid — The  Superintendent  of  Public  In- 
struction should  visit  various  portions  of  the  State  in  the  interest  of 
the  Common  Schools.  The  necessary  expenses  thus  incurred  by  the 
State  Superintendent,  not  to  exceed  in  all  five  hundred  dollars  an- 
nually, while  engaged  in  such  work,  shall  be  paid  by  the  Treasurer 
and  charged  to  the  common  school  fund;  and  that  the  Superintend- 
ent is  hereby  authorized  to  make  monthly  requisitions  on  the  Audi- 
tor for  such  expenses,  and  that  he  render  an  itemized  account  of  the 
same.     (Ky.  Stat.  Sec.  4385a.) 


CHAPTER  VI. 

COUNTY  SUPERINTENDENT. 

§  39.— Qualification  —Certificate  —Special  Board  —Certificate 
rot  Required  for  Re-election— There  shall  be  a  county  superintend- 
ent of  common  schools  in  each  of  the  counties  of  the  State,  who  shall 
be  possessed  of  good  moral  character  and  of  ability  to  manage  the 
common  school  interests  of  the  county  efficiently.  He  shall  pos- 
sess a  good  English  education,  and  shall  be  competent  to  examine 
the  teachers  who  shall  apply  to  teach  the  common  schools  in  the 
county.  He  shall  be  twenty-four  years  old  at  the  time  of  qualifying, 
a  citizen  of  Kentuck;^,  shall  have  resided  two  years  next  preceding 


School  Laws  of  Kentucky,  ^  17 

the  election  in  this  State,  and  one  year  in  the  county  for  which  he 
i>;  a  candidate.  No  person  shall  be  eligible  to  the  office  of  county 
superintendent  unless  he  shall  hold  from  the  State  Board  of  Exam- 
iners a  State  diploma  or  a  State  certificate,  which  will  not_expire 
during  his  proposed  term  of  office,  or  a  certificate  of  qualification 
of  the  grade  of  a  county  certificate  of  the  first  class,  which  may  be 
granted  on  an  examination  held  before  said  board,  or  upon  a  written 
examination  held  by  a  special  county  board,  composed  of  the  county 
judge,  county  clerk  and  competent  person  selected  by  them,  upon  a 
series  of  questions  for  each  examination  prepared  and  forwarded 
under  seal  by  the  State  Board  of  Examiners.  The  State  Board  of 
Examiners  shall  enclose  the  questions  upon  each  subject  in  a  sep- 
arate envelope,  with  the  name  of  the  subject  printed  or  written 
thereon;  shall  securely  seal  the  envelope  containing  the  said  ques- 
tions and  enclose  them  in  a  package,  which  shall  be  sealed  and  for- 
warded by  registered  mail  to  the  county  clerk,  and  shall  be  kept 
under  seal  by  him  till  the  hour  of  examination;  and  the  seal  shall 
then  be  inspected  by  the  other  examiners  and  the  applicants  for  cer- 
tificates, and  be  duly  opened  in  their  presence.  In  case  of  sickness 
cr  other  disability  of  either  the  county  judge  or  county  clerk,  his 
duties  herein  prescribed  shall  devolve  upon  and  be  performed  by 
the  county  attorney.  The  examination  shall  be  held  in  every  county 
on  the  last  Friday  in  July  and  August  next  preceding  the  election 
of  county  superintendents,  and  the  examination  may  be  continued 
during  the  following  Saturday  by  examiners,  if  deemed  necessary, 
and  the  written  answers  of  each  examination  shall  immediately  be 
forwarded  by  the  county  judge  or  county  clerk,  by  registered  mail 
to  the  State  Board  of  Examiners,  together  with  a  fee  of  two  dollars, 
which  shall  be  paid  to  the  two  examiners,  and  the  sworn  state- 
ments of  the  county  judge,  county  clerk  and  the  person  selected  by 
them,  that  the  examination  had  been  conducted  in  their  presence 
in  strict  accordance  with  the  provisions  of  this  section,  and  that  no 
applicant  had,  directly  or  indirectly,  received  assistance.  The  State 
Board  of  Examiners  may,  if  they  deem  the  answers  sufficient,  grant 
a  certificate,  and  if  they  refuse,  it  shall  notify  the  county  clerk,  and 
no  certificate  can  then  be  granted  said  applicant  for  the  election  then 
pending.  The  said  certificate  shall  not  entitle  the  holder  thereof  to 
teach  in  the  common  schools.  A  county  superintendent,  who  has 
once  obtained  a  certificate  of  qualification  in  pursuance  of  this  seC' 


18  School  Laws  of  Kentucky. 

tion,  shall  not  be  required  to  obtained  another  certificate  as  a  condi- 
tion of  eligibility  for  re-election,  if  he  has  been  continuously  in  office 
since  his  election.  The  members  of  the  special  county  board  shall 
receive  for  their  service  a  reasonable  compensation,  to  be  allowed 
by  the  fiscal  court.  In  counties  embracing  any  city  of  the  first  class, 
maintaining  a  system  of  public  schools  separate  and  distinct  from 
the  common  schools  of  the  county,  no  person  shall  be  eligible  to  the 
office  of  county  superintendent  other  than  a  resident  of  such  county, 
outside  of  such  city  or  town.    (Acts  of  1894,  Ky.  Stat.,  Sec.  4399.) 

(^  40. — Who  Ineligible— No  county  judge,  justice  of  the  peace, 
circuit  clerk,  county  clerk,  county  attorney,  county  surveyor,  sheriff, 
coroner,  assessor,  trustee  of  a  common  school  subdistrict,  or  teacher, 
while  engaged  in  teaching,  shall  hold  the  office  of  county  superin- 
tendent,    (ky.  Stat.  Sec.  4400.) 

<^  41, — Election— Term  of  Office— Contestant — The  county  su- 
perintendent shall  be  elected  by  the  qualified  voters  of  each  county 
at  the  November  election  in  1893 ;  shall  enter  upon  the  discharge  of 
the  duties  of  his  office  on  the  second  Monday  in  August,  1894,  and 
continue  in  office  until  the  first  Monday  in  January,  1898,  and  until 
the  election  and  qualification  of  his  successor.  And  in  1897,  and 
every  four  years  thereafter  there  shall  be  in  each  county  an  election 
of  a  county  superintendent,  who  shall  hold  his  office  four  years  from 
the  first  Monday  in  January  following  his  election,  or  until  the  elec- 
tion and  qualification  of  his  successor.  The  county  school  superin- 
tendent shall  be  elected ;  and  the  vote  canvassed  and  the  result  cer- 
tified by  the  same  officers,  and  in  the  same  manner,  as  in  the  election 
of  other  county  officers ;  and  within  ten  days  after  the  election  the 
clerk  of  the  county  court  shall  forward  a  copy  of  the  certificate  of 
election  to  the  Superintendent  of  Public  Instruction.  All  county 
superintendents  in  office  at  the  time  of  the  November  election,  1893, 
shall  continue  in  office  until  the  second  Monday  in  August,  1894, 
or  until  their  successors  are  elected  and  qualified.  In  cases  of  con- 
troverted right  to  the  office  of  county  superintendent,  the  Superin- 
tendent of  Public  Instruction  shall  have  power  to  recognize  a  super- 
intendent from  among  the  contestants  until  the  case  has  been 
settled.  Provided,  That  in  counties  containing  a  city  of  the  first  or 
second  class  maintaining  a  system  of  public  schools  separate  and 
distinct  from  the  common  schools  of  the  county,  the  county  super- 
intendent shall  reside  in  the  portion  of  the  county  outside  of  such 


School  Laws  of  Kentucky,  19 

city,  and  be  elected  by  the  qualified  voters  of  said  county  residing 
out-side  of  such  city.     (Ky.  Stat.  Sec.  4401.) 

§  42. — Official  Bond — Renewal — Before  entering  upon  the  dis- 
charge of  his  duties,  each  county  superintendent  must  enter  into  a 
covenant  before  the  county  court  of  the  county,  to  the  Comnron- 
v/ealth  of  Kentucky,  with  sufficient  security,  in  not  less  than  the 
full  amount  of  the  school  fund  that  may  be  due  the  county  from  all 
sources  for  that  entire  school  year  to  be  approved  by  the  court,  for 
the  faithful  discharge  of  his  duties,  and  the  said  bond  shall  be  re- 
newed each  year.  Said  bond  shall  be  given  in  duplicate,  one  copy 
to  be  kept  on  file  in  the  office  of  the  county  clerk,  and  the  other  to 
be  forwarded,  by  the  county  clerk,  to  the  Superintendent  of  Public 
Instruction.  It  shall  be  the  duty  of  the  county  clerk,  in  forwarding 
the  bond  made  by  the  county  superintendent  at  the  time  of  assum- 
ing the  duties  of  his  office,  to  also  forward  to  the  Superintendent  of 
Public  Instruction  a  certified  copy  of  the  order  of  the  court  induct- 
ing the  said  superintendent  into  office.  Amended  by  act  of  1902. 
(Ky.  Stat.  Sec.  4402.) 

§  43. — Power  over  Districts — Unfit  School  Houses — Official 
Visits — The  county  superintendent  shall  condemn  any  school  house 
which  is  dilapidated,  unhealthy,  or  otherwise  unfit  to  be  occupied 
for  the  purpose  of  a  common  school,  and  any  fence  or  other  inclo- 
sure  of  a  schoolhouse,  when  such  inclosure  is  for  any  reason  insuffi- 
cient for  the  protection  of  the  house  or  ground.  He  shall  condemn 
all  school  furniture  or  apparatus,  insufficient  in  quantity,  or  not  of 
the  required  character,  and  order  the  same  replaced  with  the  proper 
furniture  or  apparatus.  He  shall,  within  thirty  days  after  any  such 
condemnation,  notify  the  trustees  in  writing.  He  shall,  at  least 
once  a  year,  make  an  official  visit  to  each  subdistrict  school  of  his 
county,  but  shall  not  make  more  than  three  such  official  visits  in  any 
one  day.  At  the  time  of  such  visits  he  shall  note  in  a  book,  to  be 
kept  for  that  purpose,  the  number  of  pupils  in  attendance;, the  num- 
ber absent,  and  the  cause  of  absence;  the  names  of  children  unable 
to  purchase  books;  the  condition  of  the  schoolhouse,  furniture,  ap- 
paratus, grounds  and  appurtenances;  the  qualification  and  efficiency 
of  the  teacher;  the  conduct  and  standing  of  the  pupils;  the  method 
of  instruction,  the  discipline  and  government  of  the  school.  In  the 
visits  to  the  school  he  shall  advise  with  the  teachers  and  give  them 
such  instruction  regarding  discipline  and  teaching  as  he  may  deem 


20  School  Laws  of  Kentuchy. 

necessary.  He  shall  counsel  the  trustees  and  see  that  they  discharge 
their  duties,  especially  in  securing  full  and  regular  attendance.  He 
shall  admonish  the  teacher  found  remiss  of  duty  in  the  matter  of 
cleanliness  of  house,  preservation  of  furniture  and  necessary  ventila- 
tion, and  complain  to  the  trustee  in  cases  of  gross  neglect  of  duty  in 
these  respects.  He  shall  examine  the  teacher's  register  and  grade 
book,  and  the  trustees'  register;  he  shall  see  that  the  records  are 
properly  kept,  the  levy  of  a  tax,  if  any,  and  the  official  visits  and 
proceedings  of  the  trustee  are  properly  recorded,  and  by  every 
means  in  his  power  strive  to  promote  and  advance  the  cause  of  com- 
mon schools.    (Ky.  Stat.  Sec.  4403.) 

§  44. — Census  Report — Responsibility  for  Errors — It  shall  be 
the  duty  of  each  county  Superintendent,  on  or  before  the  first  day 
of  June  of  each  year,  to  prepare,  mail  to,  and  cause  to  be  placed  in 
the  hands  of  the  Superintendent  of  Public  Instruction  a  report,  certi- 
fied by  the  county  judge  or  clerk  that  the  report  is  a  correct  state- 
ment, as  shown  from  the  census  on  file  in  the  office  of  the  clerk  of 
the  county  court,  showing  the  Avhole  number  of  children,  between 
the  ages  of  six  and  twenty  years  residing  in  his  county,  and  the 
vvhole  number  residing  in  each  subdistrict,  including  each  city  and 
each  independent  district,  described  by  its  number;  and  he  shall  be 
individually  responsible  to  the  teacher  or  the  subdistrict  for  any 
loss  sustained  by  said  teacher  or  subdistrict  by  reason  of  any  error 
made  by  the  said  superintendent  in  reporting  the  census  thereof. 
He  shall  superintend  the  census  taken  during  the  month  of  April  by 
the  trustee,  and  not  later  than  the  twentieth  of  March  of  each  year, 
shall  notify  the  trustee  that  the  boundaries  of  the  subdistrict  are  as 
recorded  for  the  past  year  in  the  trustees'  register ;  or  if  any  changes 
have  been  made,  shall  give  to  the  trustee  exact  notice  of  such 
changes,  and,  in  due  time,  see  that  the  said  changes  are  included  in 
the  description  of  the  boundary  entered  in  the  trustee's  register.  At 
the  time  of  such  notice,  he  shall  give  the  said  trustee  printed  or  writ- 
ten instructions  for  taking  the  census ;  caution  him  against  reporting 
persons  not  legally  belonging  thereto.  He  shall  base  his  report  up- 
on the  census  taken  during  the  month  of  April,  and  reports  thereof 
made  to  him  by  the  subdistrict  trustee.  If  such  reports  are  not  in 
from  any  subdistrict  by  the  tenth  of  May,  the  county  superintendent 
shall  take,  or  have  the  census  of  such  subdistrict  taken,  the  cost  of 


School  Laivs  of  Kentucky,  21 

which  shall  be  paid  out  of  the  county  levy,  and  the  fiscal  court  may 
recover  from  the  delinquent  trustee  the  amount  so  paid.  (Ky.  Stat. 
Sec.  4404  as  changed  by  Act,  1908.) 

§  45. — Test  Books  for  Indigent  Children — It  shall  be  the  duty 
of  each  county  superintendent,  before  the  opening  of  the  schools 
each  year,  and  from  time  to  time,  by  personal  observation  or  from 
trustees  and  teachers  and  otherwise,  to  ascertain  the  number  and 
cost  of  text-books  upon  each  of  the  common  school  branches  needed 
by  the  indigent  children  of  each  subdistrict  and  of  the  county  for 
use  in  the  common  schools,  and  shall  report  to  the  county  judge 
the  number  and  kind  of  books  needed,  when  the  county  judge  shall 
purchase  the  books  and  pay  for  them  by  an  allowance  made  by  the 
fiscal  court  of  the  county;  the  county  judge  shall  turn  them  over  to 
the  county  superintendent  for  distribution,  taking  receipt  for  the 
number  and  value  of  the  books,  but  the  cost  of  said  books  shall  not 
exceed  in  the  aggregate  one  hundred  dollars  in  any  county  per  an- 
num. It  is  hereby  made  the  special  duty  of  the  county  and  city 
school  superintendents  of  common  schools  to  report  to  the  county 
judge  the  names  of  all  such  indigent  children  furnished  them  by 
trustees,  and  to  see  that  the  provisions  of  this  section  are  faithfully 
executed.     (Ky.  Stat.  Sec.  4405.) 

§  46. — Additional  Facts  to  be  Reported — County  superintendents 
and  trustees  of  common  schools  shall  report  facts  additional  to 
those  now  required  to  be  reported,  whenever,  in  the  judgment  of 
the  board  or  of  the  Superintendent  of  Public  Instruction,  the  inter- 
est of  the  common  schools  of  the  State  shall  indicate  the  necessity 
therefor.     (Ky.  Stat.  Sec.  4406.) 

§  47. — Payment  of  Teachers — Each  county  superintendent  of 
common  schools  shall,  on  the  second  Saturday  in  October,  reckoning 
school  months  of  twenty  days,  pay  the  amount  due  each  teacher  of 
d  common  school  for  the  month  or  months  completed,  but  not  for 
any  fraction  of  a  month,  except  as  provided  in  section  7^,  on  the 
certificate  of  the  trustee  for  the  subdistrict  and  the  chairman  of  the 
educational  division  that  the  school  has  been  legally  taught  for  that 
period;  and  thereafter  the  county  superintendent  shall,  on  the  sec- 
ond Saturday  of  each  calendar  month,  pay  the  salary  due  each  teach- 
er of  a  common  school,  for  the  previous  school  month  or  months  not 
previously  paid  for,  on  the  certificate  of  the  trustee  for  the  sub- 


22  School  Laws  of  Kentucky. 

district  and  the  chairman  of  the  educational  division,  that  the  school 
has  been  legally  taught  for  the  period  specified :  Provided,  That  all 
of  said  payments  shall  be  made  to  the  teacher  personally  or  on  writ- 
ten order,  and  at  the  last  payment  shall  be  for  the  entire  balance 
due  the  teacher,  including  the  undistributed  surplus  and  interest  on 
the  county  bond ;  and  that  any  teacher  who  may  violate  his  contract 
with  the  Division  Board  by  refusing  to  continue  his  school,  shall 
forfeit  any  fractional  salary  that  may  be  due  him.  In  cities  and 
towns  organized  as  single  districts,  and  reporting  direct  to  the  Su- 
perintendent of  Public  Instruction,  the  provisions  of  this  section 
shall  equally  apply,  or  such  city  or  town  may  receive  in  January  the 
whole  amount  due  it  if  it  shall  so  desire.  In  either  case  the  pres- 
ident or  chairman  of  the  school  board  of  such  cities  or  towns  shall 
make  the  report  required  of  them  by  this  law,  under  oath  direct  to 
the  Superintendent  of  Public  Instruction,  and  he  shall  draw  his  war- 
rant on  the  Auditor  of  Public  Accounts  in  favor  of  the  treasurer  of 
such  school  board,  which,  when  approved  and  countersigned  by  the 
Superintendent  of  Public  Instruction  shall  entitle  such  treasurer  to 
a  warrant  on  the  treasury  of  the  State  for  the  amount  thereof,  and 
the  said  treasurer  and  securities  shall  be  accountable  for  the  same 
upon  his  official  bond  in  any  action  by  such  school  board  of  which 
the  Superintendent  of  Public  Instruction  shall  be  officially  notified. 
(Ky.  Stat.  Sec.  4407.) 

§  48. — Penalty  for  Fraudulent  Report  of  Common  Schools — 
Any  county  superintendent  who  shall  knowingly  and  wilfully  report 
to  the  Superintendent  of  Public  Instruction  a  number  of  common 
schools  as  having  been  taught  in  his  county  greater  than  the  number 
of  such  schools  actually  taught  therein  according  to  law,  or  a  num- 
ber of  children  entitled  to  tuition  in  his  county  greater  than  the 
actual  number  of  such  children,  or  otherwise  knowingly  and  wilfully 
misstates  any  fact  or  facts  which  he  is  or  may  be  hereafter  required 
by  law  to  report  to  the  Superintendent  of  Public  Instruction,  shall 
be  deemed  guilty  of  a  felony,  and,  upon  conviction  thereof  be  fined 
in  a  sum  not  less  than  two  hundred  nor  more  than  five  hundred  dol- 
lars, or  imprisoned  in  the  penitentiary  not  less  than  one  nor  more 
than  ten  years,  or  both  fined  and  imprisoned,  in  the  discretion  of  the 
jury,  and  be  removed  from  office.  And  all  sums  recovered  from  him 
by  due  process  of  law,  or  by  voluntary  surrender  of  the  excess  taken 
by  him,  shall  be  paid  into  the  school  fund.     (Ky.  Stat.  Sec.  4408.) 


School  Laws  of  Kentucky.       .^  23 

§  49. — Annual  Settlement — Each  county  superintendent  shall  on 
or  before  the  first  day  of  August,  annually  settle  his  accounts  for 
the  previous  school  year  with  the  county  judge  of  his  county,  and 
forward  a  copy  of  said  settlement,  certified  by  the  clerk  of  said  court 
to  be  correct,  to  the  Superintendent  of  Public  Instruction.  Said 
settlement  shall  embrace  all  sums  received  since  the  date  of  his  last 
settlement  by  said  county  superintendent  for  the  benefit  of  common 
schools  taught  during  the  school  year ;  a  full  statement  of  all  such 
sums  paid  out  by  him,  for  what,  to  whom,  and  when  paid;  and 
should  any  part  of  said  fund  received  by  him  as  aforesaid,  remain 
uncalled  for,  and  not  be  paid  out,  he  shall  immediately  refund  said 
amount  to  the  State  treasurer,  stating  why  it  was  not,  for  and  to 
v^'hat  district  it  belongs,  and  at  the  same  time  notify  the  Superin- 
tendent of  Public  Instruction  that  he  has  refunded  the  said  amount, 
that  he  may  give  said  county  superintendent  proper  credit  on  his 
books  for  said  amount  refunded.  The  receipt  of  the  auditor  for 
money  refunded  shall  be  a  sufficient  voucher  with  the  county  judge 
in  said  settlement.  Should  the  copy  of  such  settlement  fail  to  reach 
the  Superintendent  of  Public  Instruction  by  the  tenth  day  of  that 
month  it  shall  be  his  duty  to  notify  the  county  judge  and  the  delin- 
quent county  superintendent  of  the  fact;  and  upon  receiving  such 
notification  it  shall  be  the  duty  of  the  judge,  in  case  the  settlement 
shall  not  have  been  made,  immediately  to  compel  a  settlement  by 
attachment,  as  in  cases  of  contempt,  and  a  copy  thereof  to  be  for- 
warded to  the  Superintendent  of  Public  Instruction.  For  his  wilful 
failure  to  pay  out  to  those  entitled  thereto  any  money  in  his  hands 
for  the  space  of  thirty  days  after  the  same  shall  be  received  by  him, 
or  for  his.  wilful  failure  to  make  the  aforesaid  settlement  by  the 
time  required  by  law,  the  county  superintendent  shall  be  guilty  of 
misdemeanor  and  being  indicted  and  convicted  thereof  he  shall  be 
fined  in  a  sum  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars,  as  well  as  remain  liable  on  his  official  bond,  and  be  removed 
from  office.     (Ky.  Stat.  Sec.  4409.) 

§  50. — Annual  Report — Penalty  for  Failure — He  shall,  on  or  be- 
fore the  first  day  of  August,  prepare  and  mail  and  cause  to  be 
placed  in  the  hands  of  the  Superintendent  of  Public  Instruction,  his 
cfficial  report,  showing  in  tables  of  details  and  aggregates,  the 
school  subdistricls  of  his  county  by  number;  the  name  and  address 


24        ^^^  School  Laivs  of  Kentucky. 

of  the  trustee  of  each  subdistrict,  with  date  at  which  each  one's  term 
expires;  the  subdistricts  in  which  schools  were  taught  and  the 
length  of  time  taught;  the  highest,  lowest  and  average  number  of 
children  at  school ;  the  cost  of  tuition  of  each  child  for  the  session 
and  per  month;  the  number  of  private  schools,  academies  and  col- 
leges taught  in  the  county,  and  length  of  session  of  the. same,  the 
number  of  teachers  employed — male,  female  and  total — for  the  com- 
mon schools;  the  average  wages  of  male  teachers,  female  teachers, 
and  of  total  teachers  per  month ;  the  name  and  address  of  teachers 
resident  in  his  county,  with  grades  of  certificate  of  each ;  the  amount 
of  money  raised  for  common  school  purposes  in  the  county,  by  local 
tax  or  otherwise,  and  for  what  the  same  was  disbursed ;  the  number 
and  kind  of  schoolhouses  and  the  values  of  each ;  the  number  of 
schoolhouses  built  and  the  value  of  each ;  the  number  of  subdistrict 
libraries ;  also  county  library,  if  any,  and  number  of  volumes  in  each, 
and  the  increase  during  the  year;  the  amount  he  has  received  for 
official  compensation  and  expenses.  For  wilful  failure  to  be  present 
at  his  office  at  the  time  appointed  to  receive  reports,  or  for  failing 
1o  make  the  reports  herein  required,  he  shall  be  fined  a  sum  not 
exceeding  fifty  dollars.     (Ky.  Stat.  Sec.  4410.) 

§  51. — Official  Record — Each  county  superintendent  shall  keep 
a  detailed  account  of  all  money  received  and  distributed  by  him ;  a 
record  of  all  business  transacted  by  him  as  county  superintendent, 
together  with  the  reports  of  the  trustees ;  the  names,  numbers  and 
description  of  school  subdistricts,  and  all  other  papers  and  docu- 
ments connected  with  his  office,  at  all  times  subject  to  inspection 
and  examination  by  any  school  officer  or  other  person  interested  in 
any  question  pertaining  to  the  common  schools.  (Ky.  Stat.  Sec. 
4411.) 

§  52.— Mt*y  Administer  Oath— A  county  superintendent  may  ad- 
minister the  oath  required  of  a  trustee  or  of  a  teacher  of  common 
schools,  or  other  persons  required  to  make  oath  in  matters  relating 
thereto.     (Ky.  Stat.  Sec.  4413.) 

§  53.-— Oath  to  Trustees— Record  of— Blanks— Official  Notices 
— He  shall  administer  the  oath  of  office  to  trustees-elect  applying 
to  him  for  that  purpose;  but  it  shall  be  lawful  for  any  justice  of  the 
peace,  or  other  person  authorized  to  administer  oaths,  to  administer 
the  oath  of  office  to  any  trustee,  but  said  O^th  shall  not  be  valid  un-^ 


School  Laws  of  Kentucky.  -  25 

less  reported  in  writing  to  the  county  superintendent  by  said  justice 
or  other  person  within  ten  days  from  the  time  when  administered. 
He  shall  make  a  record  of  the  names  of  trustees  then  qualified, 
showing  the  subdistricts  in  which  they  were  elected,  and  the  post- 
office  of  each.  He  shall,  at  the  time,  deliver  to  the  trustee  of  each 
subdistrict  such  blanks  as  they  will  need  for  the  coming  school-year, 
and  give  such  information  with  regard  to  their  duties  as  may  be  re- 
quested. He  shall  address  all  official  correspondence  to  the  trustees. 
Notice  to  them  shall  be  regarded  as  notice  to  the  people  of  the  sub- 
district,  and  it  shall  be  the  duty  of  the  trustee  to  notify  the  people. 
(Ky.  Stat.  Sec.  4414.) 

§  54. — Attendance  at  Office — It  shall  be  the  duty  of  the  county 
superintendent  to  be  in  attendance  at  his  office,  at  the  county  seat, 
on  the  second  Saturday  of  each  month,  and  at  such  other  times  as 
may  be  necessary  to  transact  his  official  business.  (Ky.  Stat.  Sec. 
4415.) 

§  55. — Penalty  for  Buying  Teacher's  Claim  or  Acting  as  Text- 
Book  Agent — No  county  superintendent  shall  be  allowed  to  buy  for 
himself,  or  another  any  teacher's  claim,  directly  or  indirectly,  or  to 
act  as  agent  for  the  sale  of  any  text-book.  Any  superintendent  guilty 
of  violating  this  section  shall  be  fined  not  less  than  one  hundred 
nor  more  than  one  thousand  dollars  for  each  offense.  (Ky.  Stat. 
Sec.  4416.) 

§  56. — May  Suspend  or  Remove  Trustee — Condition — For  in- 
competency, neglect  of  duty,  immoral  conduct,  or  other  disqualifi- 
cation, the  county  superintendent  may  suspend  or  remove  from  of- 
fice any  trustee  of  any  school  under  his  supervision.  But  before  a 
county  superintendent  shall  suspend  any  trustee  he  shall  give  said 
trustee  at  least  five  days'  notice  of  the  charges  made  against  him, 
and  give  the  trustee- an  opportunity  to  produce  evidence  and  defend 
any  action  against  him.     (Ky.  Stat.  Sec.  4417.) 

§  57. — Official  Decisions — Appeals — Relations  to  Superintend- 
ent of  Public  Instruction — The  county  superintendent  shall  decide 
all  questions  of  difference  or  doubt  touching  the  administrative  du- 
ties of  the  officers  and  teachers  of  common  schools  in  his  county; 
but  appeals  from  his  acts  and  decisions  may  be  had,  on  petition  of 
any  interested  person,  to  the  Superintendent  of  Public  Instruction. 
The  county  superintendents  shall  conform  to  such  reasonable  rules 
and  requirements  as  the  Superintendent  of  Public  Instruction  shall. 


26  School  Laws  of  Kenhicky. 

fiom  time  to  time,  prescribe  and  announce  to  them.  (Ky.  Stat.  Sec. 
4418.) 

,^  58.— Compensation  for  Services— Salary  $400— $1,500— For  all 

the  services  rendered  and  the  expenses  incurred  by  the  county  su- 
perintendent under  the  provisions  of  this  lav^,  he  shall  be  allowed  a 
salary  annually  by  the  fiscal  court  of  his  county,  based  on  the  num- 
ber of  children  reported  in  the  census  report  of  the  subdistrict  trus- 
tee of  such  county;  which  salary  shall  not  be  less  than  eight  cents 
nor  more  than  twenty  cents  for  each  pupil  child  thus  reported.^  Be- 
fore the  court  shall  allow  the  salary,  it  shall  be  satisfied,  from  the 
statement  subscribed  and  sworn  to  by  the  superintendent,  and  from 
such  other  evidence  as  may  be  adduced,  that  he  has  visited  the 
schools  of  the  county,  and  that  the  said  services  have  been  faithfully 
and  efficiently  performed  according  to  law.  Said  salary  shall  be 
paid  out  of  the  county  levy  as  the  salary  of  the  county  judge  is  now 
paid,  and  in  his  report  to  the  Superintendent  of  Public  Instruction, 
he  shall  state  the  full  amount  allowed  him  by  the  fiscal  court  for 
his  official  service.  Provided,  however.  That  no  salary  shall  be  less 
than  $400  nor  greater  than  $1,500.  In  fixing  the  salary  of  the  said 
superintendent,  no  child  shall  be  counted  or  enumerated  who  is  un- 
der a  city  school  superintendent  of  a  city  of  the  first,  second,  third 
or  fourth  class.  The  fiscal  court  shall  furnish  the  county  superin- 
tendent with  a  suitable  office,  free  of  charge,  large  enough  to  ac- 
commodate the  county  teachers'  library.     (Ky.  Stat.  Sec.  4419.) 

§  59. — How  Vacancy  in  Office  is  to  be  Supplied — Removal  from 
— Appeals — In  case  of  the  death,  removal  or  resignation,  refusal  to 
serve  or  inability  of  the  county  superintendent  elected  to  give  the 
bond  required  or  to  perform  the  duties  of  the  office,  a  successor  shall 
be  appointed  or  elected  as  follows :  If  the  unexpired  term  will  end 
at  the  next  succeeding  annual  election,  or  if  the  unexpired  term  will 
not  end  at  the  next  succeeding  annual  election,  and  three  months 
intervene  before  said  annual  election,  the  county  judge  of  each 
county  is  authorizd  to  appoint  a  successor,  duly  qualified  according 
to  section  45  of  this  law,  to  continue  in  office  until  the  next  succeed- 
ing annual  election,  when  one  shall  be  elected  for  the  unexpired 
term.  If  the  unexpired  term  does  not  end  at  the  next  succeeding 
annual  election,  and  three  months  does  not  intervene  between  the 
happening  of  said  vacancy  and  the  next  succeeding  annual  election, 
the  county  judge  shall  appoint  a  successor  of  said  qualification  to 


School  Laws  of  Kentucky,  27 

continue  in  office  until  the  second  succeeding  annual  election  when 
one  shall  be  elected  for  the  unexpired  term.  In  case  of  a  vacancy  in 
this  office  the  county  judge  shall,  as  soon  as  practicable,  notify  the 
Superintendent  of  Public  Instruction,  and  request  him  to  appoint 
a  day  and  furnish  questions  for  an  examination  to  fill  said  vacancy ; 
and  the  said  examination  shall  be  conducted  in  a  manner  prescribed 
by  law.  The  county  court  may,  at  any  regular  term,  after  ten  days' 
notice,  remove  a  county  superintendent  for  inability,  or  habitual 
neglect  of  duty,  or  malfeasance  in  office.  An  appeal  to  the  circuit 
court  may  be  taken  from  the  order  of  the  county  court  removing  the 
superintendent,  and  from  the  circuit  court  to  the  Court  of  Appeals, 
as  in  civil  actions.     (Ky.  Stat.  Sec.  4420.) 

§  60. — Duty  to  Successor — Each  county  superintendent,  when 
he  resigns,  vacates,  is  removed  or  goes  out  of  office,  shall  immedi- 
ately thereafter  deliver  to  his  successor  or  to  the  county  court  clerk 
for  him,  any  money,  property,  books,  effects,  or  papers  remaining  in 
his  hands  as  county  superintendent,  and  within  ten  days  shall  settle 
with  the  county  court,  and  for  a  failure  to  do  so  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars.  It  shall 
be  the  duty  of  the  county  clerk  to  forward  a  certified  copy  of  said 
settlement  to  the  Superintendent  of  Public  Instruction.  (Ky.  Stat. 
Sec.  4421.) 

CHAPTER  VII. 

CERTIFICATION  AND  DUTY  OF  TEACHERS. 

§  61. — Qualifications  of  Members — The  county  superintendent 
shall  appoint  two  strictly  moral  and  well-educated  persons,  holding 
county  certificates  of  the  first  class.  State  certificates.  State  diplo- 
mas or  Diplomas  from  some  literary  institution  of  high  learning, 
who,  together  with  himself,  shall  constitute  a  board  of  examiners 
for  the  county.  No  person  shall  be  eligible  as  examiner  on  said  coun- 
ty board  who  is  at  the  time  or  for  six  months  previous  thereto,  has 
been  conducting  or  teaching  in  any  school,  college  or  university 
where  teachers  or  those  preparing  to  teach  are  making  preparation 
to  be  examined  for  certificates  to  teach  in  the  common  schools  of 
this  State.  Before  they  shall  be  authorized  to  act  in  any  capacity  as 
such  board,  or  grant  any  certificates,  said  examiners  shall  take  and 
subscribe  to  an  oath  that  they  will  faithfully  discharge  their  duties 


28  School  Laws  of  Kentucky. 

as  required  by  the  common  school  law,  and  the  said  affidavit  shall 
be  filed  in  the  office  of  the  clerk  of  the  county  court.  (Ky.  Stat. 
Sec.  4422.) 

§  62. — Duties  of  State  and  County  Boards  as  to  Questions,  Ex- 
aminations, Certificates — Dates — Order  of  Subjects — Improper  Per- 
sons— County  certificates  shall  be  granted  by  the  county  board  of 
examiners  to  persons  not  under  eighteen  years  of  age,  upon  written 
examinations  upon  the  science  and  art  of  teaching,  and  upon  the 
subjects  embraced  in  the  common  school  course,  including,  in  con- 
nection with  physiology  and  hygiene,  the  effects  of  alcoholic  drinks 
and  narcotics  upon  the  human  system,  held  in  each  county  of  the 
State  for  white  teachers  upon  the  third  Friday  and  Saturday  in 
May,  June,  July  and  August,  of  each  year,  and  for  colored  teachers 
upon  the  fourth  Friday  and  Saturday  of  the  same  months;  and  no 
examinations  shall  be  held  at  any  other  time  whatever.  No  certifi- 
cate shall  be  issued  upon  the  days  of  examination;  nor  shall  any 
answers  be  passed  upon  in  the  presence  of  any  applicant.  The 
State  Board  of  Examiners  shall  carefully  prepare  four  series  of 
questions  for  white  teachers,  and  an  equal  number  for  colored  teach- 
ers, all  of  the  same  grade;  shall  enclose  in  a  separate  envelope  such 
number  of  questions  of  each  given  series  as  the  county  superintend- 
ent shall  make  requisition  for  at  least  twenty  days  before  the  ex- 
amination, with  the  name  of  the  subject  plainly  written  or  printed 
across  the  seal  thereof;  shall  enclose  the  several  envelopes  in  a  pack- 
age, which  they  shall  seal  and  forward  by  registered  mail  or  by  ex- 
press to  each  county  superintendent  at  least  two  weeks  before  the 
examination,  designating  the  month  for  which  the  same  shall  be 
used.  The  county  superintendent  shall  carefully  preserve  the  said 
package  of  questions  under  seal  until  the  hour  of  examination ;  and 
the  seal  of  the  said  package  shall  then  be  examined  by  the  other 
examiners  and  the  applicants  for  certificates,  and  the  package  shall 
be  opened  in  their  presence.  Immediately  after  examining  the  pack- 
age of  questions  each  of  the  county  examiners  shall,  under  his  oath 
as  examiner,  upon  blanks  furnished  for  that  purpose  by  the  Superin- 
tendent of  Public  Instruction,  give  a  separate  certificate,  with  the 
signature  attested  by  two  reliable  witnesses,  that  he  had  personally 
inspected  the  said  package,  and  whether  he  had  found  the  same  in- 
tact, as  provided  herein,  and  forward  the  certificate  to  the  Superin- 
tendent of  Public  Instruction  on  the  same  day.  The  examiner  shall 
allot  a  reasonable  time  for  the  examination  upon  each  subject,  tak- 


School  Laws  of  Kentucky,  29 

ing  the  subjects  in  the  order  named  in  the  section,  specifying  the 
subjects  embraced  in  the  common  school  course,  and  shall  collect 
the  answers  of  all  the  applicants  when  the  time  allotted  has  expired ; 
and,  after  the  first  subject  is  presented  to  the  applicants,  the-said 
examiners  shall  not  present  any  other  subject,  or  open  the  envelope 
thereof,  until  they  collect  the  answers  of  all  applicants  to  all  ques- 
tions previously  presented.  The  said  examiners  shall  not  examine 
any  applicant  until  they  are  fully  satisfied  that  said  applicant  pos- 
sesses an  unexceptionable  moral  character,  and  is  of  the  age  herein 
prescribed;  and,  in  no  event,  shall  a  certificate  be  granted  to  any 
person  who  indulges  in  drunkenness,  profanity,  gambling  or  licen- 
tiousness, or  who,  within  the  belief  of  the  examiners,  has  had  im- 
proper access  to  the  examination  questions.  They  shall,  during  the 
examination,  exclude  from  the  room  all  persons  other  than  appli- 
cants, see  that  the  applicants  are  seated  at  a  proper  distance  from 
each  other,  and  shall  see  that  no  assistance  is  given  or  obtained  by 
any  applicant  during  the  examination,  and  shall  refuse  to  grant  a 
certificate  to  any  applicant  who  may  either  obtain  or  give  such  as- 
sistance. The  county  superintendent,  and  at  least  one  of  the  examin- 
ers, shall  be  present,  and  shall  conduct  all  examinations  and  sign  all 
certificates.  The  county  superintendent  and  other  examiners  shall 
have  full  power,  and  it  shall  be  their  duty  to  make  investigation  as 
to  the  moral  character  of  applicants ;  and  the  county  superintendent 
shall  also  have  full  power  to  administer  an  oath  as  to  improper  use 
of  questions,  and  as  to  other  matters,  touching  the  qualification  of 
teachers  under  this  act.     (Ky.  Stat.  Sec.  4425.) 

§  63. — Certificates  of  Qualification — There  shall  be  three  grades 
of  certificates  issued  to  teachers  of  common  schools :  First,  a  State 
teacher's  diploma;  second,  a  State  teacher's  certificate,  and  third,  a 
county  certificate  which  may  be  a  first  class,  second  class  or  third 
class.  Before  any  person  shall  be  qualified  to  teach  any  common 
school,  such  person  shall  obtain  one  of  these  three  grades  of  certifi- 
cates.    (Ky.  Stat.  Sec.  4501.) 

§  64. — State  Diploma — Fee  $5.00 — State  diplomas  may  be  issued 
l;>y  the  State  Board  of  Examiners  after  a  personal  examination  held 
at  the  State  Capital  on  the  last  Wednesday  of  June  and  August  of 
each  year,  upon  the  subjects  embraced  in  the  common  school  course 
of  study,  and  also  upon  the  science  and  art  of  teaching,  psychology. 


30  School  Laws  of  Kentucky. 

English  literature,  algebra,  higher  arithmetic,  geometry,  physics  and 
elementary  Latin.  In  order  to  be  entitled  to  a  State  teacher's  di- 
ploma, the  applicant,  in  addition  to  attaining  on  the  required  ex- 
amination an  average  grade  of  not  less  than  ninety  per  cent.,  the 
lowest  grade  on  any  subject  being  not  less  than  seventy  per  cent., 
shall  be  at  least  twenty-four  years  old,  and  shall  have  taught  in  the 
Slate  at  least  two  years,  and  shall  present  satisfactory  evidence  of 
unexceptionable  moral  character.  A  State  diploma  shall  be  good  in 
all  schools  throughout  the  State,  maintained  wholly  or  partly  by  the 
State,  until  revoked  by  the  Superintendent  of  Public  Instruction,  or 
until  the  holder  shall  fail  for  two  successive  years  to  be  engaged  in 
active  school  work.  It  shall  qualify  the  holder  for  eligibility  as  can- 
didate for  the  office  of  county  superintendent  of  common  schools, 
and  may,  for  cause,  be  revoked  by  any  county  superintendent,  sub- 
ject to  the  approval  of  the  State  Board  of  Education,  as  far  as  it  ap- 
plies to  his  county,  of  which  immediate  information  shall  be  given 
the  Superintendent  of  Public  Instruction.  A  State  diploma  shall  be 
impressed  with  the  seal  of  the  State  Board  of  Examiners,  and  the 
fee  of  the  applicant  shall  be  five  dollars,  which  shall  be  paid  to  the 
two  members,  who,  with  the  Superintendent  of  Public  Instruction, 
compose  the  State  Board  of  Examiners.  [Acts  of  1894.]  (Ky.  Stat. 
Sec.  4502.) 

§  65. — State  and  County  Certificates — Forward  Papers  to  State 
Board — Written  Statement— 8  Years  Renewal — Fee  $4.00 — Third 
Class  one  only — Incompetent,  Immoral  Teachers — Annual  Renewal 
— A  State  teacher's  certificate  may  be  granted  by  the  State  Board 
of  Examiners  upon  the  recommendation  of  the  county  board  of 
examiners,  after  a  written  examination,  held  in  applicant's  county, 
attaining  an  average  grade  of  at  least  ninety  per  cent.,  the  lowest 
grade  upon  any  subject  being  not  less  than  seventy  per  cent,  upon 
the  subjects  embraced  in  the  common  school  course  of  study,  and 
also  upon  English  literature,  elementary  algebra,  higher  arithmetic, 
and  the  science  and  art  of  teaching,  including  the  elements  of  psy- 
chology. In  order  to  be  entitled  to  a  State  certificate,  the  applicant, 
in  addition  to  passing  the  required  examination,  shall  be  at  least 
twenty-one  years  old,  shall  have  had  two  years'  experience  in  teach- 
ing, and  shall  present  satisfactory  evidence  of  unexceptionable  moral 
character.  The  questions  for  the  examination  of  applicants  for  State 
certificates  shall  be  forwarded  by  the  State  Board  of  Examiners, 


School  Laws  of  Kentucky.  31 

v»'ith  the  questions  for  the  June  and  August  county  examinations, 
at  the  same  time,  in  the  same  package,  and  be  preserved  and  opened 
at  the  same  time  as  the  questions  for  county  certificates  The  appli- 
cants for  State  certificates  shall  be  examined  on  the  same  days-upon 
which  the  applicants  for  county  certificates  are  examined,  in  June 
and  August,  and  immediately,  upon  the  close  of  the  examination  for 
State  certificates,  the  county  superintendent  shall  collect  the  papers 
of  each  applicant  for  a  State  certificate,  preserve  them  from  all  in- 
spection, make  such  examination  of  them  as  will  enable  the  said 
county  board,  with  their  personal  knowledge  of  the  applicant,  to 
make  a  recommendation  to  the  State  Board  of  Examiners  that  a 
State  certificate  should  or  should  not  be  granted,  and  forward  the 
same  by  registered  mail  to  the  State  Board  of  Examiners,  with  a 
recommendation  as  to  the  granting  of  a  State  certificate.  No  appli- 
cant shall  be  examined  for  a  State  certificate  unless  the  said  appli- 
cant is  known  to  the  county  superintendent  to  possess  an  unexcep- 
tionable moral  character,  and  to  possess  the  age  and  experience 
herein  required.  With  the  answers  as  forwarded  to  the  State  Board 
of  Examiners,  the  county  superintendent  shall  inclose  a  written 
statement  in  proper  form,  signed  and  sworn  to  by  at  least  two  mem- 
bers of  the  local  examining  board,  that  the  examination  had  been 
held  in  strict  accordance  with  the  law,  and  that  the  applicant  had 
not,  either  directly  or  indirectly,  received  any  assistance,  and  that 
the  moral  character  of  the  applicant  is  unexceptionable.  If  the  an- 
swers and  statements  are  deemed  sufficient,  if  the  recommendation 
of  the  county  board  be  favorable,  the  State  Board  of  Examiners  may 
issue  a  State  certificate,  which  shall  entitle  the  holder  to  teach  in 
the  common  schools  of  the  State,  graded  or  city  schools,  for  a  period 
of  eight  years,  unless  revoked  by  the  Superintendent  of  Public  In- 
struction, or  unless  the  holder  shall  fail  for  two  successive  years  to 
be  engaged  in  active  school  work.  At  the  expiration  of  the  time  for 
which  it  was  granted,  if  it  shall  not  have  been  revoked  by  the  Super- 
intendent of  Public  Instruction,  and  if  the  holder  shall  not  have 
failed  for  two  successive  years  to  be  engaged  in  active  school  work, 
a  State  certificate  may  be  renewed  for  another  eight  years  by  the 
State  Board  of  Examiners  without  additional  fee,  upon  the  recom- 
mendation of  the  board  of  examiners  of  the  county  whereof  the 
bolder  shall  at  that  time  be  a  resident.  Any  county  superintendent 
may,  for  cause,  revoke  a  State  certificate  as  far  as  it  applies  to  his 


32  School  Laws  of  Kentuchy, 

county,  of  which  immediate  information  shall  be  given  to  the  Su- 
perintendent of  Public  Instruction,  and  be  subject  to  his  approval. 
A  State  certificate  shall  be  impressed  with  the  seal  of  the  State 
Board  of  Examiners,  and  the  fee  charged  the  applicant  shall  be  four 
dollars,  besides  the  registration  fee  for  forwarding  the  answers,  of 
which  one  dollar  shall  be  paid  to  the  county  board  of  examiners. 
The  proceeds  of  the  fees  for  examination  for  State  certificates  and 
of  the  examination  of  candidates  for  county  superintendent,  shall 
be  divided  between  the  two  professional  members  of  the  State  Board 
of  Examiners  in  proportion  to  the  services  rendered  by  them. 
County  certificates  shall  be  first  class,  second  class,  or  third  class, 
and  shall  apply  only  to  the  county  in  which  they  are  issued,  and  shall 
be  good  for  four  years,  two  years  and  one  year,  respectively.  Third 
class  certificates  shall  not  be  issued  more  than  once  to  the  same  per- 
son in  any  event.  After  July  1,  1894,  a  certificate  of  the  third  class 
shall  not  entitle  the  holder  to  teach  in  any  district  reporting  fifty- 
five  or  more  pupil  children,  nor  shall  a  certificate  of  the  second  class 
entitle  the  holder  to  teach  in  any  district  reporting  seventy-five  or 
more  pupil  children.  A  county  certificate  of  the  first  class  shall  re- 
quire an  average  grade  of  eighty-five  per  cent,  upon  all  subjects  of 
the  common  school  course,  and  upon  the  science  and  art  of  teaching ; 
and  the  lowest  grade  on  any  subject  shall  not  be  less  than  sixty-five 
per  cent.  A  county  certificate  of  the  second  class  shall  require  an 
average  grade  of  seventy-five  per  cent.,  and  the  lowest  grade  on  any 
subject  shall  not  be  less  than  fifty-five  per  cent.  A  county  certificate 
of  the  third  class  shall  require  an  average  grade  of  sixty-five  per 
cent.,  and  the  lowest  grade  on  any  subject  shall  not  be  less  than 
fifty  per  cent.  If,  at  any  time,  the  holder  of  a  county  certificate 
shall  be  found  incompetent,  inefficient,  immoral,  or  otherwise  un- 
worthy to  be  a  teacher,  the  county  superintendent  shall  revoke  the 
certificate  of  such  person ;  and  any  teacher  dismissed  from  school  on 
such  grounds  shall  be  entitled  to  receive  payment  for  services  only 
up  to  the  time  of  dismissal.  Nothing  in  this  act  shall  be  construed 
to  require  any  teacher  now  holding  a  teacher's  certificate  to  be  re- 
examined until  the  expiration  of  said  certificate.  A  person  having 
taught  for  eight  consecutive  years  in  the  same  county  under  first- 
class  certificates,  obtained  as  hereinbefore  provided,  may  have  the 
last  one  renewed  annually  for  four  years  by  the  county  superintend- 


School  Laws  of  Kentucky. 


ent,  who  shall  write  upon  it  "Renewed,"  sign  officially,  and  give 
date  of  such  renewal.     (Ky.  Stat.  Sec.  4503.) 

§  66. — Penalty  for  Improperly  Granting  Certificates — Any  coun- 
ty superintendent  or  county  examiner  who  shall  knowingly  grant 
to  any  immoral  person,  or  to  any  person  under  the  prescribed  age, 
a  certificate  to  teach  in  the  common  schools,  shall  be  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  each  offense. 

§  67. — Fee — Any  county  superintendent,  county  examiner, 
printer,  officer  of  State  or  county,  or  any  other  person  who  shall  sell, 
barter,  give  or  furnish  or  procure  to  be  sold,  bartered,  given  or  fur- 
nished, to  any  applicant  for  a  certificate  to  teach  in  the  public 
schools,  or  to  any  other  person,  any  question  or  questions  prepared 
or  sent  out  by  the  State  Board  of  Examiners  for  the  examination  of 
persons  applying  for  such  certificate,  or  in  any  way  dispose  of  such 
question  or  questions,  except  in  the  manner  provided  by  law,  shall 
be  guilty  of  a  felony,  and  shall,  upon  conviction,  be  punished  by 
confinement  in  the  vState  penitentiary  not  less  than  one  year  nor 
more  than  two  years.  The  county  board  of  examiners  shall  charge 
each  applicant  a  fee  of  one  dollar  for  each  examination  made,  the 
proceeds  of  which  shall  be  divided  between  the  two  members  of 
the  board  appointed  by,  and  acting  with,  the  county  superintendents 
in  proportion  to  the  services  rendered  by  them.  (Ky.  Stat.  Sec. 
4426.) 

§  68. — Oath  of  Applicant — All  applications  for  teachers',  county 
or  State  certificates,  or  State  diplomas  in  the  Commonwealth  of 
Kentucky,  immediately  before  entering  upon  examination  shall  sub- 
scribe to  the  following  oath,  which  shall  be  presented  to  them  by 
any  of  the  Board  of  Examiners,  viz. :  "I  do  solemnly  swear  (or 
affirm)  that  I  have  not  had  access,  directly  or  indirectly,  to  the  State 
Board  or  other  questions  to  be  used  in  this  examination,  and  that  I 
have  no  personal  knowledge  of  any  unlawful  usage  of  the  aforesaid 
questions  by  any  other  person  or  persons,  which  knowledge  I  have 
not  communicated  to  the  grand  jury,  county  attorney  or  county  su- 
perintendent of  schools  of  the  county  in  which  the  aforesaid  person 
or  persons  did  unlawfully  use  or  attempt  to  use  said  questions." 

§  69. — The  Superintendent  of  Public  Instruction  shall  furnish 
each  county  superintendent  in  the  Commonwealth  with  a  sufficient 
number  of  copies  of  the  oath  prescribed  in  this  act,  printed  on  sheets 


34  School  Laws  of  Kentucky, 

with  blank  space  below  for  names  and  addresses  of  applicants.  Each 
copy,  after  being  subscribed  to  by  applicants  as  provided  in  this  act, 
shall  be  dated  and  signed  officially  by  the  Board  of  Examiners  and 
preserved  in  the  office  of  the  Superintendent  of  Public  Instruction 
or  county  superintendent  of  common  schools  as  a  public  record. 

§  70. — Violation — Any  Superintendent  of  Public  Instruction  or 
county  superintendent  of  common  schools  or  Board  of  Examiners 
for  teachers',  county  or  State  certificates  or  State  diplomas  failing  to 
comply  with  the  provisions  of  the  act  shall  be  guilty  of  a  misde- 
meanor and,  upon  conviction  thereof,  shall  be  fined  in  a  sum  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars  for  each 
oflfense.     (Ky.  Stat.  Sec.  4425.) 

<^  71. — Must  Grade  School,  keep  Grade  Book  and  make  Reports 
— Summary — It  shall  be  the  duty  of  each  teacher  of  a  common 
school  to  keep  such  register  of  the  school  as  the  State  Superintend- 
ent may  require  of  and  furnish  to  him  as  needed,  through  the  county 
superintendent.  The  teacher's  register  shall  be  the  property  of  the 
subdistrict ;  shall  be  systematically  graded  for  at  least  four  years' 
work;  shall  be  well  preserved,  without  mutilation  cr  useless  mark- 
ing; shall  be  in  the  care  of  the  teacher  during  the  school  term,  and 
at  the  close  thereof,  shall  be  delivered  to  the  chairman  of  the  di- 
vision board,  who  shall  be  responsible  for  it,  and  deliver  it  to  the 
teacher  at  the  opening  of  the  next  school  term,  and  it  shall  be  open 
at  all  times  to  the  inspection  of  the  trustee  and  the  county  superin- 
tendent. The  section  allotted  to  each  year  shall  be  divided  into  two 
parts,  designated  as  monthly  summary  and  term  summary.  The 
monthly  summary  shall  show  the  day  of  the  week  and  the  day  of 
month  upon  which  the  term  began ;  the  day  of  the  week  and  of  the 
month  of  each  day  taught;  the  number  of  pupils  enrolled;  the  num- 
ber in  attendance  each  day;  the  name,  sex  and  weekly  standing  of 
each  pupil  in  each  subject,  and  such  other  facts  as  the  Superintend- 
ent of  Public  Instruction  may  desire.  On  the  last  day  of  each  month 
taught,  the  teachers  shall  sum  up  and  place  at  the  end  of  the  record 
lor  the  month  the  facts  herein  required  to  be  kept,  with  the  day  of 
the  week  and  month  on  which  the  school  month  closed;  the  highest 
and  lowest  number  of  pupil  children  in  attendance,  the 
average  percentage  of  the  attendance  of  the  whole  num- 
ber of  pupil  children  in  the  district.  The  term  summary  shall 
show  the  monthly  statement  made  at  the  end  of  each  month,  the 


School  Laws  of  Kentucky,  35 

percentage  of  the  enrollment  of  the  whole  number  of  pupil  children 
in  the  district,  the  highest,  lowest  and  average  number  of  children 
in  attendance,  the  average  percentage  of  children  of  the  district  in 
attendance,  the  number  of  pupils  in  each  class,  the  name  of  theJ:ext- 
book  used  in  each  class,  the  point  reached  by  each  pupil  in  each  book 
at  the  close  of  the  term,  the  names  of  all  pupils  that  should  be  ad- 
vanced, the  class  of  the  teacher's  certificate,  his  average  monthly- 
salary,  and  such  other  facts  as  may  be  required  in  the  register.  (Ky. 
Stat.,  Sec.  4504.) 

§  72. — Superintendent  of  Public  Instruction  to  Furnish  Blanks — 
Character  of  Reports — Term  Report —  False  Certificate — The  Su- 
perintendent of  Public  Instruction  shall  provide  for  each  teacher  a 
blank  monthly  report  for  each  month  to  be  taught,  and  also  a  blank 
term  report.  At  the  end  of  each  month  taught,  the  teacher  shall  fill 
the  monthly  report  of  that  month  from  the  facts  summed  up  in  the 
monthly  summary  of  the  register,  and  shall  present  the  monthly  re- 
port to  the  chairman  of  the  division  board,  who  shall  carefully  ex- 
amine it,  and  if  found  correct  he  shall,  if  requested  by  the  teacher, 
fill  out  and  sign  a  certificate  attached  to  the  monthly  report,  certify- 
ing that  the  month  has  been  legally  taught;  and  upon  the  chair- 
man's certificate  the  teacher  shall  draw  his  salary  from  the  county 
superintendent  for  the  month  so  certified,  after  the  monthly  re- 
port has  been  duly  delivered  to  the  county  superintendent.  Within 
ten  days  after  the  close  of  the  last  month  of  the  term,  the  teacher 
shall  make  out  the  term  report  from  the  term  summary  in  the  regis- 
ter; shall  present  the  term  report,  the  last  monthly  report,  and  the 
teacher's  register  to  the  chairman,  who  shall  carefully  inspect  them 
and  approve  the  report,  if  correct,  make  out  the  chairman's  annual 
report,  and  shall  then  give  the  teacher  certificates  for  the  month  or 
months  not  previously  certified,  and  shall  place  the  chairman's  an- 
nual report  in  the  teacher's  hands  for  the  delivery  to  the  county 
superintendent.  Nothing  herein  shall  be  construed  to  prevent  a 
chairman  of  the  division  board  from  certifying  to,  or  a  county  super- 
intendent from  paying  for,  a  fraction  of  a  month  in  any  case  in 
which  the  teacher,  from  sickness  or  other  disability,  shall  be  unable 
to  continue  the  school.  Any  teacher  who  shall  make  a  false  monthly 
or  term  report,  or  any  chairman  who  shall  give  a  certificate  of  a 
month  or  months  taught  before  he  has  carefully  examined  and  ap- 
proved the  report  of  each  month,  or  any  county  superintendent  who 


36  School  Lmvs  of  Kentucky, 

shall  make  a  payment  upon  a  teachers'  salary,  except  upon  the 
chairman's  certificate,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction,  be  fined  fifty  dollars  for  each  offense.  (Ky.  Stat.  Sec. 
4505.) 

<^  73.— Required  Duties— Penalty  for  Wilful  Refusal  or  Neglect 
—Authority— Appeal— Teachers  shall  faithfully  enforce  in  school 
the  course  of  study,  the  use  of  the  text-books  adopted  in  the  county, 
and  the  regulations  prescribed  in  pursuance  of  law ;  and  if  any  teach- 
er shall  wilfully  refuse  or  neglect  to  comply  with  such  regulations, 
the  Division  Board  may  remove  him,  at  any  time,  subject  to  the  ap- 
proval of  the  county  superintendent ;  and  in  case  of  such  dismissal 
or  removal,  the  said  teacher  shall  receive  payment  only  for  the  time 
taught.  The  teacher  is  authorized  and  directed  to  hold  each  pupil 
to  a  strict  accountability  for  any  disorderly  conduct  on  the  play- 
ground, or  during  any  intermission  or  recess,  or  on  the  road  to  and 
from  school ;  and  for  good  cause  he  may  suspend  any  pupil ;  but 
such  suspension  shall  be  immediately  reported,  in  writing,  to  the 
chairman  of  the  division  board.  In  cases  of  suspension,  the  action 
of  the  teacher  shall  be  final  unless  reversed  by  the  division  board. 
Either  party  may  appeal  from  the  decision  of  the  division  board  to 
the  county  superintendent  whose  decision  shall  be  final.  But  no 
teacher  shall  be  required  or  under  any  obligation  to  teach  any  other 
than  the  common  school  branches  prescribed  by  the  State  Board  of 
Education  in  the  common  schools,  unless  it  shall  be  so  specified  in  a 
written  contract  with  the  division  board.     (Ky.  Stat.  Sec.  4506.) 


CHAPTER  VIII. 

THE  COUNTY  SCHOOL  BOOK  LAW. 

§  74. — Members  of  Commission — There  is  hereby  created  in 
each  county  within  the  State  a  County  Text  Book  Commission, 
which  shall  consist  of  the  County  Superintendent  of  School,  two 
members  of  the  County  Board  of  Examiners,  the  Principal  of  a 
High  School  in  the  County,  to  be  appointed  by  the  State  Board  of 
Education,  and  owe  member  of  the  County  Board  of  Education 
elected  by  said  County  Board,  provided  that  no  person  shall  serve 
on  said  Commission  who  is  the  author  of  any  text  book  published 
for  use  in  the  common  schools,  or  who  has  been  in  the  employ  as  a 


School  Lmvs  of  Kentucky.  37 

traveling  salesman,  or  otherwise,  of  any  publisher  of  school  text 
books  within  a  period  of  two  years  prior  to  the  passage  of  this  act. 

<^  75. — Vacancies — How  Filled — Vacancies  on  the  Commission 
resulting  from  the  disqualification  of  the  County  Superintendent, 
Principal  of  the  county  high  school,  or  member  of  the  Board  of  Ex- 
aminers, shall  be  filled  by  the  State  Board  of  Education.  Vacan- 
cies resulting  from  other  causes  shall  be  filled  as  prescribed  by  law 
for  original  members. 

<^  76. — Oath  of  Office-— Each  member  of  said  Commission  shall 
qualify  by  taking  and  subscribing  to  an  oath  faithfully  to  discharge 
his  duties  as  required  by  this  law,  and  the  said  affidavit  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  court  of  the  county. 

§  77. — Meetings  of  Commission — Record  to  be  kept  by  Secre- 
tary— The  members  of  the  County  Text  Book  Commission,  as  thus 
constituted,  shall  meet  on  the  call  of  the  County  Superintendent  in 
his  office  during  the  month  of  April  of  the  years  in  which  existing 
contracts  expire,  and  shall  organize.  The  County  Superintendent 
shall  be  ex  officio  Chairman  of  the  Commission,  and  a  Secretary 
shall  be  elected  from  the  membership.  The  Chairman  shall  preside 
at  all  meetings  of  the  Commission.  The  Secretary  shall  keep  com- 
plete records  thereof,  and  all  such  records  and  all  contracts  shall  be 
signed  by  the  chairman  and  secretary. 

§  78. — Adoption  of  Books — Sealed  Bids — Advertisement — Not 
less  than  sixty  days  before  the  expiration  of  the  contracts  now  in 
force  for  furnishing  books  to  the  common  schools  of  the  county,  the 
County  Text  Book  Commission  shall  advertise  through  one  or  more 
county  papers,  or  by  written  notification  to  all  qualified  publishers 
as  hereinafter  provided,  that  at  a  time  and  place  fixed  definitely  in 
the  advertisement,  sealed  bids  or  proposals  will  be  received  from 
the  publishers  of  school  text  books  for  furnishing  books  to  the  com- 
mon schools  of  the  county,  in  accordance  with  the  provisions  of  this 
law  and  such  regulations  as  the  Commission  may  prescribe.  Such 
advertisement  shall  reserve  to  the  Commission  the  right  to  reject 
any  and  all  bids. 

§  79. — Proposal  to  State  Contract  and  Exchange  Prices — Speci- 
men Copy  of  Books — Such  bids  or  proposals  shall  be  for  furnishing 
books  during  a  period  of  five  years  and  no  longer.  The  bids  shall 
state  specifically  the  net  contract  prices  at  which  books  are  to  be 
furnished  to  agents  within  the  county,  and  the  exchange  price  to 


38  School  Laws  of  Kentucky. 

the  pupils,  and  shall  be  accompanied  by  a  specimen  copy  of  every 
book  proposed  to  be  furnished.  All  bids  shall  be  sealed  and  de- 
posited with  the  Chairman  of  the  Commission  to  be  by  him  deliv- 
ered to  the  Commission  in  executive  session,  when  they  shall  be 
opened  in  the  presence  of  the  Commission.  It  shall  be  the  duty  of 
the  Chairman  of  the  Commission  to  carefully  preserve  in  his  office 
for  comparison  the  specimen  copy  of  each  of  the  books  adopted,  to- 
gether with  the  original  bid  or  proposal,  and  when  requested,  to 
return  to  the  publishers  the  specimen  copies  of  other  books  sub- 
mitted, at  their  expense. 

<^  80. — Bids  may  be  Rejected — The  Commission  shall  have  and 
reserve  the  right  to  reject  any  and  all  bids  for  reasons  satisfactory 
to  a  majority  of  the  Commission.  In  case  of  failure  to  select  from 
the  bids  submitted  a  satisfactory  text  book  upon  any  of  the  branches 
prescribed  by  law,  the  Commission  shall  readvertise  for  sealed  bids 
under  the  same  terms  and  conditions,  and  proceed  with  its  investi- 
gations as  in  the  first  instance. 

§  81. — Uniform  Series  of  Books — Cities  Exempt — It  shall  be 
the  duty  of  the  said  Commission  in  each  county,  during  the  months 
of  June  or  July  of  the  years  in  which  existing  contracts  expire,  by  a 
majority  vote  of  the  entire  Commission  to  adopt  from  the  author- 
ized State  list,  as  hereinafter  provided,  a  uniform  series  or  system  of 
text  books  for  use  in  the  common  schools  of  the  county,  except  in 
cities  of  the  first,  second,  third,  fourth,  fifth  and  sixth  classes,  and 
to  arrange  for  the  distribution  of  such  books  to  agents  at  the  net 
contract  price.  The  Commission  may,  from  time  to  time,  make  any 
regulations  not  contrary  to  the  provisions  of  this  act  to  secure  the 
prompt  and  faithful  performance  of  all  contracts,  and  the  prompt 
distribution  of  the  books  herein  provided  for. 

§  82. — Merits  of  Book  to  be  Considered — The  Commission,  in 
the  selection  and  adoption  of  a  uniform  series  of  text  books,  shall 
consider  the  merits  of  the  books,  taking  into  consideration  their 
subject-matter,  the  printing,  binding,  material  and  mechanical 
qualities,  their  general  suitability  and  desirability  for  the  purposes 
intended  and  the  price.  The  Commission  shall  select  and  adopt 
such  books  as  will,  in  its  judgment,  accomplish  the  ends  desired. 

§  83. — Branches  to  Include  Elementary  and  High  Schools — The 
uniform  series  of  text  books  to  be  selected  by  the  Commission  shall 
include  all  the  branches  required  by  law  to  be  taught  in  the  common 


School  Laws  of  Kentuchy,  39 

elementary  and  high  schools  of  the  county,  except  as  herein  pro- 
vided, but  no  text  book  shall  contain  anything  of  a  partisan  or  sec- 
tarian character. 

(^  84. — County  High  School  Adoption — County  high  schools 
having  been  established  since  the  last  adoption  of  text  books,  it  shall 
be  the  duty  of  each  County  Text  Book  Commission,  as  herein  con- 
stituted, by  or  before  the  1st  of  July,  1910,  to  adopt  a  uniform  series 
of  text  books  for  use  in  such  county  high  schools  and  such  other 
high  schools  as  may  not  be  exempt  by  law  from  the  provisions  of 
this  act.  Such  adoption  shall  be  made  in  accordance  with  the  pro- 
visions of  this  act,  and  shall  be  for  a  term  of  four  years  from  July 
15,  1910.    All  adoptions  thereafter  shall  be  for  a  term  of  five  years. 

§  85. — Contracts  Awarded — Must  Notify  State  Superintendent 
— After  the  adoption  shall  have  been  made,  the  Commission  shall 
award  the  contracts  and  shall,  by  registered  letter,  notify  the  bid- 
ders to  whom  contracts  have  been  awarded,  and  shall  at  the  same 
time  notify  the  State  Superintendent  of  the  awards  made.  It  shall 
be  stipulated  in  all  contracts  that  the  net  contract  prices  at  which 
such  book  or  books  shall  be  sold  to  the  Commission,  or  the  desig- 
nated agents  of  the  Commission  in  the  county  and  the  exchange 
price  to  pupils  shall  not  exceed  the  lowest  net  contract  and  exchange 
prices  at  which  the  same  book  or  books  are  sold  under  contract  with 
any  other  State,  county,  township  or  school  district  in  the  United 
States  under  like  conditions  of  sale  and  distribution. 

§  86. — Contract  to  be  Prepared  by  State  Superintendent — Ap- 
proved by  Attorney  General — It  shall  be  the  duty  of  the  State  Su- 
perintendent of  Public  Instruction  to  prepare  and  have  printed  a 
form  of  contract  between  county  text  book  commissions  and  pub- 
lishers of  school  books,  said  form  to  be  approved  by  the  Attorney 
General,  and  to  furnish  the  same,  through  the  County  Superintend- 
ent, to  the  several  county  commissions  of  the  State;  and  no  other 
form  of  contract  shall  be  used  by  such  county  commissions  and  pub- 
lishers in  carrying  out  the  provisions  of  this  act. 

§  87. — State  of  Kentucky  Not  Liable — It  shall  always  be  a  part 
of  the  terms  and  conditions  of  every  contract  made  in  pursuance  of 
this  act  that  the  State  of  Kentucky  shall  not  be  liable  to  any  con- 
tractor in  any  manner  for  any  sum  whatever,  but  all  such  contrac- 
tors shall  receive  their  pay  and  compensation  solely  and  exclusively 
from  the  proceeds  of  the  sale  of  books,  as  provided  for  in  this  act. 


40  School  Laws  of  KentucTcy, 

§  88. — Agents  Appointed — Prices  of  Books — Exchange  of 
Books — For  the  distribution  and  sale  of  adopted  books  to  patrons, 
the  County  Commission  shall  arrange  with  at  least  two  responsible 
merchants  or  other  agents  in  the  county  of  good  financial  rating,  in 
locations  selected  with  reference  to  the  convenience  of  said  patrons, 
and  shall  appoint  the  same  as  agents,  and  such  agents  shall  sell  the 
books  adopted  to  the  patrons  and  pupils  of  the  common  schools  at  a 
price  not  exceeding  fifteen  per  cent,  advance  on  the  net  contract 
price  of  said  books,  and  out  of  said  excess  over  the  net  contract 
price  so  charged  by  such  agent  he  shall  pay  the  transportation 
charges  on  said  books.  Said  agent  shall  exchange  new  books  for 
old  ones  displaced  by  said  adoption  at  the  exchange  price  herein 
provided  for  during  the  first  year  of  each  and  every  contract  made 
under  the  provisions  of  this  act. 

§  89. — Patrons  May  Exchange  Old  Books — When  any  patron 
or  pupil  of  the  common  schools  owning  text  books  adopted  for  use 
in  said  schools  in  the  county  of  his  residence  shall  remove  to  an- 
other county,  he  may  deliver  such  books  to  any  agent  or  dealer  in 
the  county  from  which  he  has  removed  and  the  agent  or  dealer  to 
whom  same  shall  be  delivered  shall  receive  and  pay  him  in  money 
the  exchange  value  of  such  books.  Provided,  that  only  such  old 
books  as  are  whole  and  in  good  serviceable  condition  shall  be  so 
purchased  by  said  dealer. 

§  90.— County  Judge  to  Purchase  Second  Hand  Books— The 
county  judge  in  purchasing  books  for  indigent  pupils  as  required 
by  law  shall  purchase  from  said  dealers  said  second  hand  books  so 
far  as  the  same  may  be  suitable  for  such  purpose  and  furnish  same 
to  the  County  Superintendent  for  the  use  of  said  indigent  pupils. 
Provided,  that  no  agent  or  dealer  of  any  county  commission  shall 
sell  any  second  hand  books  so  purchased,  or  any  second  hand  book 
to  any  pupil  or  patron  or  to  the  county  judge  as  herein  provided  at 
c.  price  higher  than  ten  per  cent,  above  the  cost  of  such  second 
hand  book. 

§  91.— Penalty  for  Unlawful  Sale  or  Extra  Charge— Any  agent 
or  dealer,  clerk  or  other  person  having  or  selling  books  adopted 
under  this  act,  who  shall  ask  or  receive  for  any  such  book  more 
than  the  lawful  price  therefor,  as  herein  defined,  or  who  shall  re- 
fuse to  exchange  new  books  for  old  at  the  exchange  price  herein 
provided  for  during  said  period  of  exchange,  or  who  shall  refuse  to 


School  Laws  of  Kentuchy,  41 

receive  from  patrons  or  pupils  removed  to  other  counties  books 
owned  by  them  and  adopted  for  use  in  the  common  schools  of  the 
county  of  such  agent  or  dealer  and  to  pay  to  them  the  exchange- 
value  thereof  in  cash  for  such  old  books  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  fined  in  a  sum  not  less  than  fifty 
nor  more  than  one  hundred  dollars. 

§  92. — State  Board  of  Education  to  Make  Printed  List — County 
Superintendent  to  Furnish  List — It  shall  be  the  duty  of  the  State 
Board  of  Education  by  the  first  of  September  of  each  year  to  have 
printed  a  complete  list  of  all  the  books  adopted  under  the  provisions 
of  this  act  stating  the  highest  lawful  retail  and  exchange  price  of 
each,  and  to  distribute  such  lists  to  county  superintendents  in  such 
quantity  as  they  may  request.  It  shall  be  the  duty  of  the  County 
Superintendent  to  furnish  such  lists  attested  by  his  signature,  to  all 
dealers  and  to  the  principal  teachers  of  all  schools  in  the  county,  and 
such  dealers  and  teachers  shall  post  the  same  conspicuously  in  their 
sales  rooms  or  school  houses.  Failure  to  comply  with  the  provis- 
ions of  this  section  by  any  of  the  parties  herein  named,  shall  be 
punishable  by  a  fine  of  not  less  than  ten  nor  more  than  twenty 
dollars. 

§  93. — Adopted  Texts  must  be  Exclusively  Used — Penalty  for 
Violation — The  books  adopted  by  the  Commission  as  the  uniform 
system  of  text  books  shall  be  introduced  and  used  as  text  books  to 
the  exclusion  of  all  others  in  all  the  common  schools  of  the  county, 
except  as  herein  provided,  for  a  period  of  five  years  from  the  date  of 
adoption,  and  it  shall  not  be  lawful  for  any  teacher  or  other  school 
officer  to  use,  or  any  board  of  education  to  permit  to  be  used,  any 
books  upon  the  same  branches  other  than  those  adopted  by  the 
Commission.  However,  nothing  herein  shall  prevent  the  use  of  sup- 
plementary books,  but  such  supplementary  books  shall  not  be  used 
to  the  exclusion  of  the  books  prescribed  under  the  provisions  of  this 
act.  Any  board  of  education,  trustee  or  teacher  violating  the  provis- 
ions of  this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars  for  each  offense. 

§  94.— Publisher  Must  File  Statement  with  Superintendent  of 
Public  Instruction — Before  the  publisher  of  any  school  text  book 
shall  offer  the  same  for  sale  to  any  county  text  book  commission  in 
Kentucky,  said  publisher  shall  file  a  copy  of  the  text  book  in  the 


42  School  Laws  of  Kentucky. 

office  of  the  State  Superintendent  of  Public  Instruction  with  a 
sworn  statement  of  the  lowest  net  price  at  which  said  book  is  sold 
anywhere  in  the  United  States,  under  State,  county,  township,  dis- 
trict or  city  contract.  Said  publisher  shall  file  with  the  State  Board 
of  Education  a  written  agreement  to  furnish  said  book  or  books  to 
the  designated  agents,  as  hereinbefore  provided,  or  to  any  county 
text  book  commission  in  Kentucky  at  the  prices  so  filed,  exclusive  of 
transportation  charges.  Said  publisher  must  further  agree  to  reduce 
said  prices  in  Kentucky  if  reductions  are  made  elsewhere  in  the 
country,  so  that  at  no  time  may  any  book  be  sold  in  Kentucky  by 
the  contractor  at  a  higher  price  than  is  received  for  the  same  book 
elsewhere  under  State  or  county  contract.  Said  publisher  shall 
further  agree  that  all  books  offered  for  sale  in  Kentucky  shall  be 
equal  in  quality  to  those  deposited  in  the  office  of  the  State  Superin- 
tendent as  regards  paper,  binding,  printing,  illustrations  and  all 
points  that  may  affect  the  value  of  said  books. 

§  95. — Book  Adopted  must  Comply  with  Sample — Damages  on 
Bond  may  be  Recovered — If  any  publisher  shall  furnish  to  any 
county  books  inferior  in  any  particular  to  the  samples  on  file  in  the 
office  of  the  State  Superintendent,  or  shall  offer  them  at  higher 
prices  than  those  listed  with  the  State  Superintendent,  it  shall  be- 
come the  duty  of  the  County  Text  Book  Commission  of  said  county 
to  inform  the  State  Superintendent  of  the  failure  of  said  publisher 
to  comply  with  the  terms  of  his  contract.  The  State  Superintendent 
shall  thereupon  notify  the  publisher  of  said  complaint,  and  if  said 
publisher  shall  disregard  the  notification  and  fail  immediately  to 
comply  with  the  terms  of  his  contract,  then  the  State  Superintend- 
ent shall  institute  legal  proceedings  to  recover  damages  on  the  bond 
of  said  publisher. 

§  96. — License  Fee  of  Publisher — Fund  to  be  used  for  Expenses 
-—Before  the  publisher  of  any  school  text  book  shall  offer  the  same 
for  sale  to  any  county  text  book  commission  in  the  State  of  Ken- 
tucky, and  at  the  time  of  filing  such  text  book  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  said  publisher  shall  pay 
into  the  Treasury  of  the  State  of  Kentucky  a  filing  fee  of  five  dollars 
for  each  book  offered  by  said  publisher.  A  series  of  books  by  the 
same  author  and  upon  the  same  subject  shall  constitute  one  book 
for  this  purpose.  The  fees  thus  received  shall  constitute  a  fund  out 
of  which,  upon  requisition  made  by  the  State  Superintendent,  shall 


School  Laws  of  Kentucky,  43 

be  paid  the  expenses  of  publishing  lists  and  other  information  for 
the  use  of  the  County  Text  Book  Commissions,  clerk  hire  and  other 
necessary  expenses  in  connection  with  the  filing  of  all  text  books 
submitted  for  adoption  in  the  State  of  Kentucky.  Any  balance  of 
such  fund  remaining  upon  the  first  of  January  of  the  fifth  year 
following  the  completion  of  adoptions  shall  be  placed  to  the  credit 
of  the  State  School  Fund. 

§  97. — Sworn  Statement  to  be  Filed  by  Publisher — When  any 
publisher  of  school  text  books  shall  file  with  the  State  Superintend- 
ent the  samples  and  lists  provided  for  under  this  act,  said  publisher 
at  the  same  time  shall  be  required  to  file  a  sworn  statement  that 
he  has  no  understanding  or  agreement  of  any  kind  with  any  other 
publisher,  or  interest  in  the  business  of  any  other  publisher  with 
the  effect,  design  or  intent  to  control  the  prices  of  such  books,  or 
to  restrict  competition  in  the  adoption  or  sale  thereof. 

§  98. — Agreement  to  Control  Prices — Attorney  General  to  Insti- 
tute Proceedings — If,  at  any  time,  any  publisher  shall  enter  into  any 
understanding,  agreement  or  combination  to  control  the  prices  or  to 
restrict  competition  in  the  adoption  or  sale  of  school  books,  or  if  the 
statements  required  of  said  publisher  in  the  preceding  sections  shall 
be  untrue  in  any  respect,  then  the  Attorney  General  shall  institute 
and  prosecute  legal  proceedings  for  the  forfeiture  of  the  bond  of  said 
publisher,  and  for  the  revocation  of  his  authority  to  sell  school 
books  in  this  State,  and  all  contracts  made  by  said  publisher  under 
this  act,  shall  thereupon  become  null  and  void  at  the  option  of  the 
other  parties  thereto. 

<^  99. — Money  for  Campaign  Purposes — Penalty — Any  person, 
firm  or  corporation  qualified  to  sell  school  books  in  Kentucky  under 
the  provisions  of  this  act,  or  any  agent  thereof  who  shall,  directly 
or  indirectly,  contribute  any  money  or  thing  of  value  to  the  cam- 
paign fund  of  any  political  party,  or  to  the  campaign  fund  of  any 
person  who  is  a  candidate  for  office  in  this  State,  or  in  any  district 
or  county  thereof,  or  to  the  campaign  fund  of  any  person  who  is  a 
candidate  for  nomination  for  an  office,  or  shall  give  any  money,  or 
valuable  property  whatsoever  to  any  member  of  any  county  text 
book  commission,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  one  thousand 
dollars  nor  more  than  five  thousand  dollars  in  the  discretion  of  the 
jury,  and  such  act  on  the  part  of  said  person,  firm  or  corporation, 


44  School  Laws  of  Kentucky. 

oi  the  agent  thereof,  shall  also  be  considered  a  breach  of  the  bond 
made  by  said  person,  firm  or  corporation  with  the  State,  and  the 
venue  of  action  shall  be  within  any  county  in  the  State  where  said 
act  is  committed,  or  in  the  Franklin  Circuit  Court;  and  the  State 
Board  of  Education,  or  any  one  of  the  county  text  book  commis- 
sions, or  any  member  thereof  in  the  county  where  ^-he  offense  is 
committed,  shall  have  the  right  to  prosecute  an  action  for  the  breach 
of  said  bond,  and  the  amount  recovered  for  said  breach  shall  be 
turned  over  to  the  Treasury  of  Kentucky  for  the  benefit  of  the  State 
School  Fund. 

§  100. — Bribery — Penalty — Any  member  of  any  county  text 
book  commission  who  shall  solicit,  accept  or  receive  any  money, 
gift  or  any  property  or  favor  whatsoever  from  any  person  qualified 
to  sell  text  books  in  Kentucky,  or  any  agent  thereof,  or  other  person 
in  any  way  interested  in  the  sale  of  such  text  books  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 

§  101. — Bond  to  be  Filed  by  Publisher — To  insure  compliance 
with  the  aforesaid  conditions  under  which  school  text  books  may 
be  sold  in  the  State  of  Kentucky,  the  publisher  shall  file  with  the 
State  Board  of  Education  a  bond  of  not  less  than  two  thousand  dol- 
lars nor  more  than  ten  thousand  dollars,  the  amount  to  be  fixed  by 
the  State  Board  of  Education  upon  compliance  with  the  provisions 
of  the  preceding  sections,  and  the  bond  to  be  approved  by  said 
Board.  The  publisher  shall  thereupon  be  qualified  to  sell  school 
books  in  this  State.  Any  publisher  who  shall  offer  for  adoption  to 
any  text  book  commission  school  text  books  of  any  kind  without 
first  qualifying  therefor  under  this  act,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction,  shall  be  fined  not  less  than  five  hun- 
dred dollars  nor  more  than  five  thousand  dollars. 

§  102.— City  Schools  to  Adopt— The  Board  of  Education  in  a 
city  of  the  first,  second,  third,  fourth,  fifth  or  sixth  class,  shall  con- 
stitute the  Text  Book  Commission  for  such  city,  and  as  such,  its 
powers,  duties,  restrictions  and  penalties  shall  be  identical  with 
those  provided  by  law  for  county  text  book  commissions ;  provided 
that  the  members  of  such  Board  acting  as  a  text  book  commission 
shall    receive   no   compensation    for   their   services,    and   provided 


School  Laws  of  Kentucky.  45 

further  that  if  any  member  of  said  Board  shall  be  or  become  inelig- 
ible to  serve  as  a  member  of  the  Text  Book  Commission,  then  the 
other  members  of  the  Board  are  hereby  empowered  to  fill  the  va- 
cancy on  the  Text  Book  Commission  thus  created.  ~   - 

§  103. — The  provisions  of  this  law  shall  also  apply  to  all  cor- 
porations, firms  or  individuals  concerned  in  any  way  in  the  selec- 
tion, adoption,  sale  or  use  of  common  school  text  books  in  cities  of 
the  first  four  classes. 

§  104. — Repealing  Clause — All  laws  and  parts  of  laws  in  con- 
flict with  the  provisions  of  this  article  are  hereby  repealed.  Pro- 
vided, however,  that  the  provisions  of  contract  and  obligations  im- 
posed by  law  under  which  the  existing  State  contract  for  uniform 
text  books  was  made  shall  remain  in  force,  and  all  contractors  there- 
under shall  continue  to  be  held  liable  under  their  bond  for  the  faith- 
ful performance  of  said  existing  contracts  until  the  expiration  of 
the  same. 


CHAPTER  IX. 

COUNTY  SCHOOL  DISTRICT  LAW. 

(^  105. — County  to  Compose  School  District — Exception — That 
each  and  every  county  in  this  Commonwealth  shall  compose  one 
school  district,  excepting  that  where  there  is  a  city  or  town  in  any 
county  which  maintains  a  separate  system  of  public  schools,  then 
the  balance  of  said  county,  outside  of  such  city  or  town  district, 
shall  constitute  a  school  district.     (Ky.  Stat.  Sec.  4426a.) 

<^  106. — County  to  be  Divided  into  Educational  Divisions — Pow- 
er to  Change  Boundaries  of  Educational  Divisions — Graded  Schools 
Exempt — Three  Kinds — Per  Capita  Apportioned  each  Subdistrict — 
That  within  thirty  days  after  this  act  goes  into  effect  the  county 
superintendent  of  schools,  the  county  judge  and  the  county  attorney 
in  each  county  of  the  Commonwealth  shall  meet  at  the  courthouse 
of  their  respective  counties,  upon  the  call  of  the  county  superintend- 
ent of  schools,  and  shall  divide  each  county  school  district,  as  pro- 
vided for  in  section  105,  into  educational  divisions  containing  as 
nearly  as  possible  an  equal  number  of  children  of  school  age,  includ- 
ing both  white  and  colored  children,  as  shown  by  the  last  census 
of  school  children,  and  in  each  county  the  said  ofiicers  may  make,  as 
may  seem  expedient,  either  four,  six  or  eight  of  such  educational 


46  School  Laws  of  Kentuclcy.  , 

divisions  and  in  fixing  the  boundaries  of  said  educational  divisions 
they  shall  be  made  to  follow,  as  nearly  as  practicable,  the  boundaries 
of  existing  school  districts  for  white  children.  They  shall  have  the 
power  to  change  the  boundaries  of  educational  divisions  whenever 
such  change  becomes  necessary.  The  county  judge,  county  super- 
intendent of  schools  and  county  attorney  shall  then  sub-divide  each 
of  the  said  educational  divisions  into  school  subdistricts  following 
as  nearly  as  practicable  the  boundaries  of  existing  school  districts 
for  white  children.  Provided,  That  any  graded  common  school 
district  that  may  exist  in  any  educational  division  or  that  may  here- 
after be  established  according  to  law  whether  operating  under  spe- 
cial charter  or  established  by  popular  vote,  as  provided  for  in  the 
laws  relating  to  the  graded  common  schools,  and  school  districts 
now  operating  within  municipal  districts  established  and  corporated 
under  special  charter  and  supplementing  the  State  School  Fund  by 
a  local  tax  of  not  less  than  twenty  cents  on  each  hundred  dollars 
of  assessed  valuation  of  property,  shall  retain  their  present  boun- 
daries and  be  exempt  from  the  provisions  of  this  act.  The  provis- 
ions of  this  act  shall  not  apply  to  any  graded  school  district  created 
by  special  act  and  having  a  school  fund  other  than  that  provided 
by  general  law.  The  boundaries  of  any  such  school  subdistrict,  as 
above  fixed,  shall  include  all  children,  both  white  and  colored,  resid- 
ing in  said  subdistrict,  and  said  subdistrict  shall  not  include,  except 
in  cases  of  emergency,  fewer  than  fifty  white  children  of  school  age, 
nor  in  any  case  fewer  than  forty  such  children.  No  subdistrict 
shall  be  apportioned  the  per  capita  of  the  State  fund  on  fewer  than 
fifty  white  pupil  children,  nor  shall  any  subdistrict  be  apportioned 
the  per  capita  on  more  than  one  hundred  white  pupil  children  for 
the  payment  of  one  teacher. 

<^  107.— Electing  Trustees— On  the  first  Saturday  in  August, 
after  the  passage  of  this  act,  an  election  shall  be  held  at  the  school 
building  in  each  school  subdistrict  of  this  Commonwealth,  from 
the  hours  of  one  until  five  o'clock  in  the  afternoon  for  the  purpose 
of  electing  one  trustee  for  each  school  subdistrict,  as  fixed  by  section 
106  of  this  act.  The  trustees  then  elected  shall  hold  their  offices, 
one-half  for  one  year  and  one-half  for  two  years,  as  shall  be  deter- 
mined by  lot  at  the  first  meeting  of  the  division  board,  as  provided 
for  in  sec.  112  of  this  act.  Each  year  thereafter  there  shall  be  elect- 
ed for  two  years  one  trustee  in  each  subdistrict  in  which  the  term  of 


School  Laws  of  Kentucky.  47 

his  predecessor  in  office  will  then  expire.  Said  trustees  shall  serve 
until  thtir  successors  are  duly  elected  or  appointed  and  qualified  as 
herein  provided. 

§  108.— Who  May  Vote — Any  person  shall  be  eligible  to~  this 
office  of  school  trustee  v^ho  is  over  twenty-one  years  of  age,  and 
who  has  been  a  resident  of  the  subdistrict  for  which  he  is  elected 
fc'r  sixty  days  before  the  election,  and  who  is  able  to  read  and  write, 
as  shown  by  a  certificate  of  five  reputable  citizens  of  the  subdistrict, 
and  all  male  persons  over  twenty-one  years  of  age,  who  shall  have 
resided  in  a  school  subdistrict  for  sixty  days  next  before  an  election 
shall  have  the  right  to  vote  at  such  election. 

§  109. — By  Ballot — All  elections  for  school  trustees  shall  be  by 
ballot.  Said  ballot  shall  contain  no  emblem  nor  device  of  any  kind 
by  which  it  may  be  identified  or  known,  and  the  ballot  shall  be 
printed  and  furnished  by  the  county  clerk  of  each  county,  and  paid 
for  out  of  the  county  levy.  But  said  ballot  shall  provide  blank 
v'^paces  whereby  such  electors  may  vote  for  or  elect  another  than 
those  whose  names  are  printed  upon  said  ballot. 

§  110. — Nominations  by  Petition — Officers — All  nominations  for 
school  trustees  shall  be  by  petition,  signed  by  at  least  ten  persons 
eligible  to  vote  in  elections  for  such  trustees,  and  no  name  shall  be 
placed  upon  any  ballot  unless  such  nominating  petition  is  filed  with 
the  county  clerk  of  the  county  in  which  such  election  is  held,  at 
least  ten  days  prior  to  the  date  of  such  election.  The  officers  of 
said  election  shall  be  a  clerk  and  two  judges,  and  shall  be  appointed 
by  the  regular  election  commissioners  in  each  county  and  shall  re- 
ceive no  compensation  for  their  services.  The  said  officers  shall 
be  the  judges  of  the  qualifications  of  each  voter  as  prescribed  in 
this  act,  and  shall  certify  the  returns  of  the  election  to  the  county 
superintendent  of  schools  within  five  days  after  said  election. 

§  111. — Colored  Visitors — Election — At  the  same  time  and 
place  and  by  the  election  officers  who  conduct  the  election  for  sub- 
district  trustees,  an  election  shall  be  held  for  the  purpose  of  electing 
a  visitor  for  the  colored  school  or  schools  of  the  subdistrict.  Such 
visitor  shall  be  nominated  and  elected  in  the  same  manner  as  the 
subdistrict  trustee,  save  that  the  nominating  petition  shall  be  signed 
by  colored  voters,  and  that  colored  voters  alone  shall  be  eligible  to 
vote  for  such  visitor.  So  far  as  the  colored  school  or  schools  of  the 
subdistrict  are  concerned,  the  duties  of  the  visitor  shall  be  identical 


/ 

48  School  Laws  of  Kentucky.  / 

with  those  of  the  subdistrict  trustee,  save  that  such  visitor  shall  not 
be  a  member  of  the  Division  Board.  (Section  as  amended  ^y  Acts 
of  1910.) 

§  112. — Organization  of  Board — Vacancies — The  county  super- 
intendent of  schools  shall  meet  the  trustees  so  elected  from  the 
various  school  subdistricts  of  each  educational  division  at  some 
point  to  be  designated  by  him,  within  such  educational  division 
within  thirty  days  after  the  date  of  their  election,  prefer  notice  hav- 
ing been  given  in  writing  to  each  trustee  as  to  the  time  and  place' 
of  such  meeting  for  the  purpose  of  organizing  the  trustees  so  elected 
into  a  division  board  of  school  trustees  by  choosing  one  of  said 
trustees  to  be  chairman  and  one  to  be  secretary  of  said  division 
board.  The  county  superintendent  of  schools  shall  be  ^  member  of 
such  division  board  of  his  county,  but  shall  only  vote  upon  any 
matter  in  case  of  a  tie  vote,  and  then  he  shall  cast  the  deciding  vote. 
Any  vacancy  that  may  exist  in  the  trusteeship  of  any  school  sub- 
district  shall  be  filled  by  appointment  by  the  division  of  the  educa- 
tional division  of  which  said  subdistrict  is  a  part,  and  to  them  peti- 
tion may  be  made  by  the  voters  of  the  subdistrict.  Should  the  office 
of  chairman  of  a  division  board  become  vacant  the  county  superin- 
tendent, as  soon  as  the  election  has  been  held  to  elect  a  sub-district 
trustee  as  above  provided,  shall  call  a  meeting  of  said  division 
hoard, , and  shall  then  proceed  to  elect  another  chairman,  and  until  a 
chairman  is  so  elected,  such  division  board  may  choose  one  of  its 
members  as  a  temporary  chairman. 

§  113. — Duty  of  Trustee — Census — It  shall  be  the  duty  of  the 
trustee  in  each  school  subdistrict,  to  personally  supervise  the  school 
cr  schools  in  his  subdistrict,  and  to  report  the  needs  thereof  to  the 
division  board  of  his  educational  division  at  its  regular  meeting,  to- 
gether with  such  recommendations  as  he  may  deem  necessary  for 
the  best  interest  of  said  school  or  schools.  All  such  reports  and 
recommendations  should  be  in  writing.  The  Division  Board 
shall  refer  such  reports  to  the  County  Board  with  its 
recommendations  on  same.  The  trustee  of  each  school  subdistrict 
shall,  in  the  month  of  April  of  each  year,  make  and  return  to  the 
county  superintendent  a  complete  census  of  the  children  of  school 
age  residing  in  his  district,  and  for  the  performance  of  all  his  duties 
he  shall  be  allowed  and  paid  the  sum  of  five  cents  per  pupil  child 
reported  in  such  census. 


School  Laws  of  Kentucky,  49 

§  114. — Duty  of  Division  Board — Selection  of  Teachers — Con- 
tracts— It  shall  be  the  duty  of  the  division  board  of  trustees  in  each 
educational  division  to  elect  one  or  more  teachers  for  each  school 
in  such  educational  division  except  as  hereinafter  provided.  A  ma- 
jority of  the  members  of  such  division  board  shall  be  necessar)/  to 
the  election  of  any  teacher  for  service  in  any  subdistrict.  All  appli- 
cations for  positions  in  said  schools  shall  be  filed  with  the  secretary 
of  the  division  board  of  the  educational  division  in  which  a  school 
position  is  sought.  The  division  board  in  each  educational  division 
shall  meet  for  the  consideration  of  applications  and  the  election  of 
teachers  on  the  last  Saturday  in  June  following  the  election  of  trus- 
tees and  the  organization  of  the  board  under  this  act,  and  shall  meet 
for  the  same  purpose  on  the  last  Saturday  in  June  of  each  year 
thereafter.  Qualifications  of  teachers  shall  be  determined  as  pro- 
vided by  law.  Said  educational  division  board  may  meet  on  the 
last  Saturday  of  July  and  August  in  each  year  for  the  purpose  of 
filling  any  vacancies  which  may  exist.  Said  division  board  may 
meet  at  such  other  times  as  the  chairman  may  designate.  Teachers 
shall  be  elected  for  one  school  year,  but  may  be  removed  by  the  di- 
vision board  of  the  educational  division  in  which  they  are  employed, 
at  any  time,  subject  to  the  approval  of  the  county  superintend- 
ent, for  incompetency,  neglect  of  duty  or  immoral  conduct. 
Contracts  for  the  service  of  all  teachers  shall  be  in  writing,  signed 
in  duplicate  by  the  teacher  and  by  the  chairman  and  secretary  of 
the  division  board  of  the  division  in  which  the'  teacher  is  employed. 
Upon  organization  of  said  board,  one  of  the  members  shall  be 
chosen  as  secretary,  who  shall  keep  a  correct  record  of  all  proceed- 
irigs,  which  shall  be  a  public  record. 

§  115. — County  Board  of  Education — The  chairman  of  the  sev- 
eral educational  division  boards  in  each  county,  together  with  the 
county  superintendent  of  schools,  who  shall  be  chairman  ex-officio, 
shall  constitute  the  county  board  of  education. 

§  116. — County  High  School — Power  of  County  Board — Three 
Classes — Within  two  years  after  the  passage  and  approval  of  this 
?ct,  there  shall  be  established  by  the  county  board  of  education  of 
each  county  one  or  more  county  high  schools :  Provided,  There  is 
not  already  existing  in  the  county  a  high  school  of  the  first  class ;  if 
such  high  school  already  exists,  and  if  the  county  board  may  be  able 
to  make  such  an  arrangement  with  the  trustees  or  board  of  educa- 


50  School  Laws  of  Kentucky, 

tion  of  said  high  school  as  will  furnish  to  the  pupils  completing  the 
rural  school  course  free  tuition  in  said  high  school,  then  said  high 
school  may  be  considered  as  meeting  the  purpose  of  this  law  with- 
out the  establishment  by  the  board  of  another  high  school.  The 
county  board  of  education  in  the  various  counties  shall  have  full 
power  and  authority  to  unite  with  the  governing  authorities  of  any 
city  or  town  in  their  respective  counties  for  the  purpose  of  establish- 
ing a  high  school  for  the  joint  use  of  the  city  or  town  and  such 
county,  and  to  unite  with  such  authorities  for  the  purpose  of  main- 
taining such  high  school  if  one  be  already  in  existence.  For  this 
purpose  said  county  boards  are  hereby  given  full  power  and  author- 
ity to  make  such  contracts  as  they  may  deem  necessary  or  proper 
for  the  establishment  and  maintenance  of  such  high  schools  for  the 
joint  use  of  the  county  and  such  city  or  town.  Said  contract  shall 
be  in  writing  and  shall  contain  full  and  complete  stipulations  as  to 
employment,  compensation  of  teachers,  courses  of  study,  payment 
of  the  expenses  of  the  school  and  the  control  and  discipline  of  the 
pupils.  The  first  county  high  school  to  be  established  in  the  county 
shall  be  located  at  the  county  seat,  provided  there  is  not  already  ex- 
isting in  the  county  seat  a  high  school  of  the  required  grade.  The 
county  high  schools  of  this  Commonwealth  shall  be  of  the  first, 
second  and  third  class.  A  first  class  high  school  shall  maintain  a 
four  years'  course  of  study,  which  shall  be  prepared  by  the  State 
Board  of  Education.  Such  course  of  study  may  provide  for  instruc- 
tion in  manual  training,  domestic  science  and  elementary  agricul- 
ture. High  schools  of  the  second  class  shall  maintain  a  course  of 
three  years,  identical  with  the  first  three  years  of  the  first  class  high 
school.  High  schools  of  the  third  class  shall  maintain  a  course  of 
two  years  identical  with  the  first  two  years  of  the  first  class  high 
school. 

§  117. — County  to  Levy  Tax — Special  Bond  of  County  Superin- 
tendent— It  shall  be  the  further  duty  of  the  county  board  of  educa- 
tion to  estimate  and  lay  before  the  fiscal  court  of  the  county  the 
educational  needs  of  the  county  in  accordance  with  such  estimate, 
and  said  county  shall  levy  a  tax  for  school  purposes,  not  to  exceed 
twenty  cents  on  each  hundred  dollars  of  assessed  valuation  of  prop- 
erty in  the  county,  and  a  capitation  tax  not  exceeding  one  dollar, 
and  the  sheriff  shall  then  collect  this  tax  as  other  State  and  county 
taxes  are  collected :    Provided,  No  tax  for  school  purposes  shall  be 


School  Laws  of  Kentuchy.  51 

levied  tinder  this  act  upon  property  in  cities  and  towns  maintaining 
a  first  class  system  of  public  schools  in  which  all  grades  are  already 
taught  to  the  satisfaction  of  the  State  Board  of  Education,  and  upon 
property  in  school  districts  which  are  made  exempt  as  provided 
for  in  section  106  of  this  act.  When  the  tax  so  levied  shall  have  been 
collected  by  the  sheriff  of  the  county,  he  shall  turn  over  to  the 
county  superintendent,  who  shall  act  as  treasurer  of  the  county 
board  of  education,  the  amount  of  money  so  levied  and  collected, 
and  the  county  board  shall  expend  the  money  so  received  in  the 
building,  improvement  and  equipment  of  school  houses,  for  the  pur- 
chase and  condemnation  of  necessary  real  estate,  for  the  payment 
of  teachers,  purchasing  necessary  supplies  and  the  extension  of  the 
school  term  in  the  various  subdistricts  throughout  the  county,  as  in 
their  judgment  as  a  county  board  the  needs  of  the  individual  schools 
for  white  and  colored  pupils  demand.  The  county  superintendent 
shall  give  such  special  bond  as  may  be  approved  by  the  county 
court.  No  fund  shall  be  paid  out  except  on  the  order  of  the  county 
board,  signed  by  the  chairman  and  countersigned  by  the  secretary. 

§  118. — Local  Tax  Additional  may  Vote  Subdistrict — Upon  the 
petition  of  ten  legal  voters  of  any  school  subdistrict,  the  board  of 
education  of  any  division  shall  submit  to  the  legal  voters  of  said 
subdistrict  the  question  whether  or  not  a  tax  shall  be  levied  upon 
the  taxable  property  in  such  subdistrict  in  any  school  year  for  local 
school  purposes ;  an  ad  valorem  tax  may  be  so  voted  not  to  exceed 
twenty-five  cents  on  each  one  hundred  dollars  of  taxable  property. 
Such  questions  shall  be  voted  on  at  the  regular  school  election  held, 
as  provided  by  this  act,  on  the  first  Saturday  in  August.  At  least 
fifteen  days  notice  that  such  question  will  be  voted  on  at  any  school 
election  shall  be  given  by  written  or  printed  handbills,  posted  up  in 
at  least  five  of  the  most  public  places  in  such  district.  The  returns 
of  said  election  shall  be  made  to  the  chairman  of  the  division  board 
of  education  and  said  board  shall  meet  within  seven  days  after  such 
an  election  and  canvass  the  returns,  and  if  it  be  ascertained  that  a 
majority  vote  in  such  district  was  cast  in  favor  of  such  tax,  said 
board  shall,  on  its  minute  book,  enter  an  order  levying  such  tax  in 
such  subdistrict,  and  it  shall  be  the  duty  of  the  sheriff  of  the  county 
on  his  official  bond  to  collect  such  tax  and  hold  the  same  subject  to 
the  order  of  the  county  board  of  education  for  the  benefit  of  the  sub- 
district  voting  such  tax,  and  said  sheriff  shall  receive  the  same  com- 


52  School  Laws  of  Kentucky. 

pensation  therefor  as  for  collecting  State  and  county  revenue. 

(^  119. — To  Establish  new  Subdistricts — The  county  board  of 
education  shall  have  full  power,  when  necessary,  to  lay  off  or  estab- 
hsh  new  school  subdistricts,  or  to  change  the  boundaries  of  those 
already  established. 

§  120. — Purchase,  Lease  or  Rent  Sites — Receive-  Gifts — The 
county  board  of  education  shall  have  the  power  to  purchase,  lease  or 
rent  school  sites,  to  build,  to  repair  and  to  rent  school  houses,  pur- 
chase maps,  globes,  charts,  school  furniture,  or  other  apparatus 
necessary  to  the  efficient  conduct  of  the  schools  of  the  county,  and 
said  county  board  is  hereby  vested  with  the  title,  care  and  custody, 
of  all  school  houses,  sites,  or  other  property  belonging  to  the  dis- 
tricts of  their  several  counties,  and  when,  in  the  opinion  of  the 
board,  any  site  for  school  house  has  become  unnecessary,  they  may 
sell  and  convey  the  same  in  the  name  of  the  county  board  of  educa- 
tion. It  shall  have  the  power  to  receive  any  gift,  grant  or  donation 
for  the  use  of  the  schools  within  their  respective  counties,  and  all 
conveyances  of  real  estate  which  shall  be  made  to  said  county  board 
of  education  shall  vest  the  property  in  said  board  and  their  succes- 
sors in  office  for  the  use  and  benefits  of  the  schools  of  the  county. 
It  shall  have  the  power  to  condemn  any  real  estate  necessary  for 
school  purposes  in  any  district  and  may  proceed  to  do  so  in  the 
manner  provided  for  by  law  for  the  condemnation  of  lands  for  rail- 
road purposes. 

§  121. — County  Board  Body  Politic — The  county  board  of  edu- 
cation and  their  successors  shall  be  a  body  politic  and  corporate, 
with  perpetual  succession  and  as  such  may  sue  and  be  sued. 

§  122. — Superintendent  to  Keep  Public  Account — The  county 
superintendent  shall  keep  an  exact  account  of  all  receipts  and  dis- 
bursements and  shall  report  the  same  in  detail  to  the  county  board 
as  often  as  they  may  require  and  annually  to  the  fiscal  court  of  the 
county  on  the  date  specified  by  that  court  for  receiving  said  report. 
The  books  and  records  of  the  county  board  shall  be  open  for  the  in- 
spection of  any  citizen  of  the  county. 

§  123. — Salaries  of  Teachers — Course  of  Study — When  county 
high  schools  shall  be  established,  as  provided  in  this  act,  it  shall 
be  the  duty  of  the  county  board  of  education  to  employ  and  fix  the 
salaries  of  said  teachers  necessary  to  the  efficient  conduct  of  said 
high  school  and  prescribe  the  course  of  study  to  be  pursued,  but 


School  Laws  of  Kentucky.  53 

said  course  of  study  shall  not  be  below  the  standard  fixed  by  the 
State  Board  of  Education  as  provided  in  section  116.  Said  board 
shall  also  have  the  right  to  select  the  text  books  to  be  used  in  said 
high  schools. 

§  124. — Time  Boards  Shall  Meet — Compensation — The  county 
board  of  education  shall  meet  at  a  place  designated  by  the  county 
superintendent  for  the  transaction  of  such  business  as  shall  properly 
come  before  it  under  this  law,  on  the  first  Saturday  in  September, 
following  the  enactment  of  this  law,  and  shall  meet  at  the  call  of 
the  county  superintendent,  who  is  chairman  of  the  county  board,  at 
such  other  times  as  he  may  direct.  The  county  superintendent  shall 
call  the  county  board  upon  the  written  request  of  three  members. 
Each  member  of  the  county  board  shall  receive  three  dollars  for 
each  days'  service,  but  no  member  shall  be  paid  for  more  than 
twelve  days'  service  in  any  one  year,  whether  in  actual  attendance 
upon  the  meetings  of  the  county  board  or  in  inspecting  the  schools 
and  school  property  of  his  division  in  company  with  the  county  su- 
perintendent. 

§125. — Duty  of  Division  Chairman  to  Report — It  shall  be  the 
duty  of  each  division  chairman  or  member  of  the  county  board  of 
education  to  report  in  writing  the  exact  status  of  the  educational  af- 
fairs of  his  educational  division  to  the  county  board  for  considera- 
tion at  least  twice  each  year,  and  at  such  other  times  as  the  chair- 
man of  the  county  board  may  require. 

§  126. — Consolidation  of  Subdistricts — Officers  not  to  be  Finan- 
cially Interested — The  county  board  of  any  county  shall  have  power 
to  consolidate  with  reference  to  the  needs  of  either  white  or  colored 
children,  any  two  or  more  contiguous  school  subdistricts,  and  in 
case  of  such  consolidation  school  houses  shall  be  built  or  acquired, 
located  at  some  point  convenient  to  the  patrons  of  such  consolidated 
school  subdistricts,  and  of  sufficient  capacity  to  accommodate  the 
pupil  population  of  such  consolidated  school  subdistricts,  and  such 
schools  shall  be  called  and  known  as  consolidated  schools.  Teach- 
ers for  such  consolidated  schools  shall  be  employed  in  the  same 
manner  as  teachers  for  school  subdistricts.  No  trustee  nor  member 
of  the  county  board  of  education  nor  county  school  superintendent 
shall  be  financially  interested,  directly  or  indirectly,  in  any  contract 
for  the  purchase  of  land,  the  erection  or  repairs  of  any  school  house, 
the  furnishing  of  supplies  or  equipment,  or  the  employment  of  any 


54  School  Laws  of  Kentiicliy. 

teacher;  and  any  of  said  officers  so  offending  shall  be  guilty  of  an 
indictable  misdemeanor  and  on  conviction  shall  be  fined  not  exceed- 
ing five  hundred  dollars,  or  imprisonment  in  the  county  jail  not  ex- 
ceeding six  months,  and  shall  forfeit  his  office. 

§  127. — Repealing  Clause — All  lav^s  and  parts  of  laws,  in  conflict 
with  this  act,  are  hereby  repealed.     (Ky.  Stat.  Sec.  4426a.) 


CHAPTER  X. 

GRADED  COMMON  SCHOOLS. 

§  128. — Election  to  Establish — Petition  for— Limit  of  Tax- 
Boundary — New  Boundary — It  shall  be  the  duty  of  the  county 
judge  in  each  county  of  this  Commonwealth,  upon  a  written  petition 
signed  by  at  least  ten  legal  voters,  who  are  taxpayers  in  the  justice's 
district,  town  or  city  of  the  fifth  or  sixth  classes  in  his  county  to 
make  an  order  on  his  order  book,  at  the  next  regular  term  of  his 
court  after  he  receives  said  petiton,  fixing  the  boundary  of  any  pro- 
posed graded  common  school  district,  as  agreed  on  by  the  county 
judge  and  the  petitioners,  and  directing  the  sheriff  or  other  officer, 
whose  duty  it  may  be  to  hold  the  election,  to  open  a  poll  in  said 
proposed  graded  common  school  district,  at  the  next  regular  State, 
town  or  city  election  to  be  held  therein,  or  on  any  other  day  fixed 
by  said  judge  in  said  order,  not  in  either  case  earlier  than  forty  days 
from  the  date  of  said  order,  for  the  purpose  of  taking  the  sense  of 
the  legal  white  voters  in  said  proposed  graded  common  school  dis- 
trict upon  the  proposition  whether  or  not  they  will  vote  an  annual 
tax,  in  any  sum  named  in  said  order,  not  exceeding  fifty  cents  on 
each  one  hundred  dollars  of  property  assessed  in  said  proposed 
graded  common  school  district,  town  or  city,  belonging  to  said  white 
voters  or  corporations,  or  a  poll  tax  in  any  sum  named  in  said  order, 
not  exceeding  one  dollar  and  fifty  cents  per  capita  on  each  white 
male  inhabitant  over  twenty-one  years  of  age  residing  in  said  pro- 
posed graded  common  school  district,  or  both  an  ad  valorem  and  a 
poll  tax,  if  so  stated  in  the  order,  for  the  purpose  of  maintaining  a 
graded  common  school  in  said  proposed  graded  common  school  dis- 
trict, and  for  erecting,  purchasing  or  repairing  suitable  buildings 
therefor  if  necessary.  Provided,  That  the  proposition  to  establish 
any  graded  common  school  district  and  school,  as  provided  for  in 


School  Laws  of  Kentucky.  55 

this  section,  is  approved  in  writing  on  the  petition  to  the  county 
judge  by  a  majority  of  the  trustees  of  any  common  school  district, 
included  wholly  or  partly  within  the  boundary  of  said  proposed 
graded  common  school  district,  and  approved  in  writing  on-saidj)e- 
tition  by  the  county  superintendent  of  common  schools;  that  no 
point  on  the  boundary  of  any  proposed  graded  common  school  dis- 
trict be  more  than  two  and  one-half  miles  from  the  site  of  its  pro- 
posed school  house,  and  that  the  location  and  site  of  said  school 
house  in  said  district  are  set  out  with  exactness  in  said  petiton  to 
the  county  judge.  If  at  any  time,  two  years  having  intervened 
since  such  graded  common  school  district  was  established,  it  be- 
comes desirable  to  change  the  boundary  of  the  same,  it  shall  be 
the  duty  of  the  county  judge,  upon  a  written  petition  signed  by  the 
person  or  persons  desiring  to  be  changed,  who  are,  under  this  law, 
legal  voters  in  the  school  district  or  districts  in  which  they  reside 
and  who  at  the  same  time  own  the  real  estate  sought  to  be  trans- 
fered,  to  make  an  order  on  his  order-book  at  the  next  regular  term 
of  this  court  after  receiving  said  petition  fixing  the  new  boundary  of 
the  said  graded  or  common  school  district  as  agreed  on  by  the 
county  judge  and  the  petitioners.  Such  petition,  to  be  valid,  shall 
set  out  in  full  the  new  boundary  of  said  district,  which  shall  be 
recorded  as  in  case  of  the  original  boundary,  and  a  copy  of  same 
shall  be  furnished  the  Board  of  Education  of  said  graded  common 
school  district;  but  no  such  change  shall  be  made  unless  said  peti- 
tion be  approved  in  writing  by  a  majority  of  the  Board  of  Educa- 
tion of  each  district  concerned,  as  well  as  by  the  county  superin- 
tendent. The  provisions  of  this  act,  under  like  conditions  and  re- 
strictions, touching  change  of  boundary,  shall  apply  equally  to 
changes  in  boundary  of  districts  heretofore  established  by  local  or 
special  law,  which  incorporates  any  city,  town  or  village  as  one 
district,  as  described  in  Ky.  Stat,  section  4433.  (Ky.  St.  Sec.  4464 
as  amended  by  act  of  May  26,  1897.) 

§  129. — Conditions  for  Establishing  a  Graded  School  District 
Uniting  with  Schools  of  Adjacent  Counties — Amount  Tax  Voted — 
Two  and  Half  Mile  Limit — May  Change  Boundaries — It  shall  be 
the  duty  of  the  county  judge  in  each  county  of  this  Commonwealth, 
upon  written  petition  signed  by  at  least  ten  legal  voters  who  are 
taxpayers  in  the  school  districts  of  his  county,  and  who  desire  to 
unite  with  school  districts  of  an  adjacent  county,  for  the  purpose 
of  establishing  a  graded  school.  tQ  n^ake  an  order  on  the  order  book 


56  School  Laws  of  Kentucky. 

at  the  next  regular  term  of  this  court  after  he  receives  said  petition, 
f'xing  the  boundary  of  any  proposed  graded  common  school  district, 
as  agreed  on  by  the  county  judges  and  petitioners  of  the  counties, 
out  of  which  said  school  district  is  to  be  joined,  and  directing  the 
sheriflf  or  other  officer  of  each  county,  whose  duty  it  may  be  to  hold 
the  election,  to  open  a  poll  in  said  proposed  graded  comrnon  school 
district  on  some  day  fixed  by  said  Judges  in  said  order,  for 
the  purpose  of  taking  the  sense  of  the  legal  white 
voters  in  said  proposed  graded  common  school  district 
upon  the  proposition  whether  or  not  they  will  vote  an  an- 
nual tax,  in  any  sum  named  in  said  order,  not  exceeding  fifty  cents 
on  each  one  hundred  dollars  of  property  assessed  in  said  proposed 
graded  common  school  district  belonging  to  said  white  voters  or 
corporations,  or  a  poll  tax  in  any  sum  named  in  said  order,  not  ex- 
ceeding one  dollar  and  fifty  cents  per  capita  on  each  white  male 
inhabitant  over  twenty-one  years  of  age  residing  in  said  proposed 
graded  common  school  district,  or  both  an  ad  valorem  and  a  poll 
•  tax,  if  so  stated  in  the  order,  for  the  purpose  of  maintaining  a  graded 
common  school  in  said  proposed  graded  common  school  district,  and 
for  erecting,  purchasing  or  repairing  suitable  buildings  therefor,  if 
recessary:  Provided,  The  proposition  to  establish  any  graded  com- 
mon school  district  and  school  as  provided  for  in  this  section,  is  ap- 
proved in  writing  on  the  petition  to  the  county  judges  of  each 
county  represented  by  a  majority  of  the  trustees  of  any  common 
school  district,  included  wholly  or  partly  within  that  portion  of  the 
said  proposed  graded  common  school  district,  which  is  included  in 
his  county,  and  approved  in  writing  on  said  petition  by  the  county 
superintendent  of  common  schools  in  each  county;  that  no  point  on 
the  boundary  of  any  proposed  graded  common  school  district  be 
more  than  two  and  one-half  miles  from  the  site  of  its  proposed 
school  house,  and  that  the  location  and  site  of  said  school  house  in 
said  district  are  set  out  with  exactness  in  said  petition  to  the  county 
judges  of  the  counties  concerned.  If,  at  any  time,  two  years  having 
intervened  since  such  graded  common  school  district  was  estab- 
lished, it  becomes  desirable  to  change  the  boundary  of  same,  it  shajl 
be  the  duty  of  the  county  judges  concerned,  upon  a  written  petition 
signed  by  the  person  or  persons  desiring  to  be  changed,  who  are, 
under  this  law,  legal  voters  in  the  school  district  or  districts  in 
which  they  reside,  and  who  at  the  same  time  own  the  real  estate 
sought  to  be  transferred,  to  make  an  order  on  their  respective  order 


School  Laws  of  Kentuchy.  57 

books  at  the  next  regular  term  of  their  court  after  receiving  said 
petition  fixing  the  new  boundary  of  the  said  graded  or  common 
school  district,  as  agreed  on  by  the  county  judges  and  the  petition- 
ers. Such  petition,  to  be  valid,  shall  set  out  in  full  the  new  boun- 
dary of  said  district,  which  shall  be  recorded  as  in  case  of  the  orig- 
inal boundary,  and  a  copy  of  same  shall  be  furnished  the  Board  of 
Education  of  said  graded  common  school  district,  but  no  such 
change  shall  be  made  unless  said  petition  be  approved  in  writing 
by  a  majority  of  the  Board  of  Education  of  each  district  concerned, 
as  well  as  by  the  county  superintendent.  If  it  shall  appear  that  a 
majority  of  the  votes  cast  at  the  said  election  were  in  favor  of  said 
tax,  then  it  shall  be  the  duty  of  the  county  judge,  representing  the 
largest  division  of  said  district,  to  cause  the  certificate  of  the  Ex- 
amining Board,  showing  the  amount  of  tax  voted,  and  the  names 
of  the  six  trustees  elected,  to  be  entered  of  record  in  the  order  book 
of  his  court,  and  to  give  a  copy  thereof  to  the  county  superintend- 
ent, who,  in  connection  with  the  trustees,  shall  organize  a  graded 
common  school  in  said  district  in  accordance  with  the  provisions 
of  this  law.  The  district  so  established  shall  belong  to  the  county  in 
which  the  largest  division  lies,  and  all  laws  now  in  force  for  the 
governing  of  graded  common  schools,  and  not  in  conflict  with  the 
above  shall  apply  to  graded  common  school  districts  established 
under  this  act.     (Ky.  Stat.  Sec.  4464a.) 

§  130.— Duty  of  County  Clerk— It  shall  be  the  duty  of  the 
county  clerk  to  give  to  said  sheriff  or  other  officer  a  certified  copy 
of  the  order  of  the  judge  of  the  county  court,  as  it  appears  in  his 
order  book,  within  ten  days  after  said  order  is  made.  (Ky.  Stat. 
Sec.  4465.) 

§  131. — Duty  of  Sheriff  or  Other  Officer  who  may  Hold  Election 
— It  shall  be  the  duty  of  said  sheriff  or  other  officer  to  have  the 
order  of  the  county  judge  published  in  some  weekly  or  daily  news- 
paper published  in  the  county  for  at  least  twenty  days  before  the 
election,  and  also  to  advertise  the  same  by  printed  or  written  hand- 
bills, posted  at  five  conspicuous  places  in  said  proposed  graded  com- 
mon school  district  for  the  same  length  of  time ;  but  if  there  be  no 
daily  or  weekly  newspaper  published  in  the  county,  the  printed  or 
written  handbills,  posted  as  before  provided,  shall  be  sufficient 
notice.  The  said  sheriff  or  other  officer  shall  have  the  advertise- 
ment inserted,  and  notices  herein  provided  for  posted,  within  ten 


58  School  Laws  of  Kentucky. 

days  after  he  receives  the  order  of  the  county  judge  and  at  least 
tAventy  days  before  the  election.     (Ky.  Stat.  Sec.  4466.) 

§  132. — Manner  and  Object  of  the  Election — The  said  sheriff  or 
other  officer  shall  appoint  a  judge  and  a  clerk  of  the  said  election, 
who  shall  take  and  subscribe  to  an  oath  for  the  faithful  performance 
of  his  duties.  On  the  day  set  apart  for  the  election,  the  officers 
shall  open  a  poll,  and  shall  propound  to  each  voter  who  may  vote 
the  question,  "Are  you  for  or  against  the  graded  common  school 
tax?"  and  his  vote  shall  be  recorded  for  or  against  the  same  as  he 
may  direct.     (Ky.  Stat.  Sec.  4467.) 

§  133. — If  Tax  Voted,  Duty  of  County  Judge,  County  Superin- 
tendent and  Trustees — If  it  shall  appear  that  a  majority  of  the  votes 
cast  at  the  said  election  were  in  favor  of  said  tax  then  it  shall  be 
the  duty  of  the  county  judge  to  cause  the  certificate  of  the  examin- 
ing board  showing  the  amount  of  tax  voted,  and  the  names  of  the 
five  trustees  elected,  to  be  entered  of  record  in  the  order-book  of  his 
court,  and  to  give  a  copy  thereof  to  the  county  superintendent,  who, 
in  connection  with  the  trustees,  shall  organize  a  graded  common 
school  in  said  district  in  accordance  with  the  provisions  of  this  law. 
(Ky.  Stat.  Sec.  4468.) 

§  134. — Board  of  Trustees — The  graded  common  school  dis- 
tricts, when  organized  as  aforesaid,  are  hereby  incorporated,  and 
each  of  them  shall  be  under  the  management  and  control  of  a  board 
of  five  trustees.  The  first  board  to  be  elected  at  the  same  time  and 
place,  and  by  the  same  persons  who  vote  at  the  election  for  the  tax, 
as  provided  in  sections  129  and  132.  (Ky.  Stat.  Sec.  4464  and  4467) 
of  this  law;  and  the  five  persons  receiving  the  highest  number  of 
votes  cast  shall  be  declared  elected  trustees.  (Ky.  Stat.  Sec.  4469. 
As  amended  by  Chap.  37,  Acts  of  1904.) 

§  135. — Style,  Province  and  Power  Board  of  Trustees — ^The  per- 
sons so  elected  shall  be  named  and  styled  "The  Board  of  Trustees 

of  the Graded  Common  School  District,"  and  in 

that  name  may  sue  and  be  sued,  contract  and  be  contracted  with, 
and  as  a  natural  person  may  acquire,  hold,  dispose  of  and  convey, 
by  purchase,  gift,  devise  or  otherwise,  any  real  or  personal  estate, 
goods  and  chattels,  necessary  and  convenient  for  the  uses  and  pur- 
poses of  such  graded  common  school ;  and  the  title  to  all  such  prop- 
erty shall  vest  in  said  board  of  trustees  and  their  successors  in  office, 
to  be  held  sacred  for  the  use  and  benefit  of  said  graded  common 


School  Laivs  of  Kentucky.  59 

school  district.     (Ky.  Stat.  Sec.  4470.) 

§  136. — Classification  of  Trustees — Regular  Election  of — Va- 
cancy, How  Filled — Hereafter  the  board  of  trustees  of  a  graded 
common  school  shall  consist  of  five  members :  Provided,  That  the 
present  members  of  any  board  may  serve  until  the  expiration  of 
their  respective  terms.  At  the  next  regular  election  of  trustees,  and 
thereafter  every  third  year,  there  shall  be  elected  but  one  member 
of  said  board  except  that  vacancies  occurring  in  said  board  may  be 
filled  at  any  regular  election  for  trustees.     (Ky.  Stat.  Sec.  4469a.) 

§  137. — Official  Oath  Required  of  Trustees — Said  trustees,  be- 
fore entering  upon  the  discharge  of  their  duties,  shall  each  take  an 
oath  faithfully  to  perform  the  duties  required  of  them  under  this 
law.     (Ky.  Stat.  Sec.  4472.) 

§  138. — By-Laws  and  Rules — Journals  and  Proceedings — Said 
trustees  may  adopt  such  by-laws  and  rules  for  the  government  of 
themselves  and  their  appointees  and  for  the  control,  government 
and  management  of  graded  common  schools  in  their  respective  dis- 
tricts, as  they  may  deem  necessary,  not  in  conflict  with  law,  and 
shall  keep  a  journal  of  their  proceedings,  which  shall  be  open  at  all 
times  to  the  inspection  of  any  citizen  of  the  graded  common  school 
district  in  which  he  or  she  may  reside.     (Ky.  Stat.  Sec.  4473.) 

§  139. — Appointment  and  Qualification  of  Teachers — Course  of 
Study — Said  trustees  shall  appoint  and  employ  a  principal  and  all 
teachers,  and  fix  their  compensation,  and  may  suspend  or  dismiss 
them,  or  any  other  person  appointed  or  employed  by  them;  may 
prescribe  the  branches  (other  than  those  required  by  law  to  be 
taught  in  the  common  schools)  which  may  be  taught  in  said  graded 
common  schools,  and  prescribe  the  necessary  qualifications,  and  the 
mode  of  examination  of  applicants  for  positions  as  superintendent, 
principals,  or  teachers  in  said  graded  common  schools ;  but  no  per- 
son shall  be  appointed  or  employed  as  superintendent,  principal  or 
teacher  in  any  graded  common  school  organized  under  the  provis- 
ions of  this  law  who  is  not  a  person  of  good  moral  character,  and 
who  has  not  a  county  certificate,  as  required  by  the  common  school 
law  of  Kentucky.  Each  teacher  in  a  graded  common  school,  except 
in  cities  of  the  first,  second,  third  and  fourth  classes,  shall  be  re- 
quired to  keep  a  register  as  prescribed  for  teachers  of  other  common 
schools,  which  register  shall  be  left  with  the  president  of  the  board 
of  trustees,  who  shall  be  responsible  for  it,  and  return  it  to  the 


60  School  Laws  of  Kentucky. 

teacher  at  the  opening  of  the  next  school  term.  From  the  registers 
in  the  hands  of  the  several  teachers  in  the  graded  common  school, 
and  the  record  kept  by  the  board  of  trustees,  the  principal  teacher 
and  the  president  of  the  board  of  trustees  shall,  within  ten  days  after 
the  close  of  the  school,  make  a  report  to  the  county  superintendent, 
being  provided  with  blanks  therefor  by  the  superintendent.  (Ky. 
Stat.  Sec.  4474.) 

§  140. — Secretary  of  City  School  Board  Must  Report — It  shall 
be  the  duty  of  each  secretary  of  the  board  of  trustees  of  schools, 
maintained  wholly  or  in  part  by  the  State,  in  cities  of  the  first, 
second,  third  and  fourth  classes,  to  report  annually,  on  or  before  the 
first  of  September,  to  the  Superintendent  of  Public  Instruction,  such 
facts  as  will  enable  him,  in  his  reports  to  the  General  Assembly,  to 
give  the  important  school  statistics  of  such  cities  in  connection  with 
those  of  the  county  in  which  they  are  situated.  The  secretary  shall 
be  supplied  by  the  Superintendent  of  Public  Instruction  with  blanks 
therefor.     (Ky.  Stat.  Sec.  4475.) 

§  141. — President  and  Secretary  of  Board — The  said  trustees 
shall  elect  one  of  their  number  president,  who  shall  preside  at  their 
meetings,  and  perform  such  other  duties  as  may  be  required  of  him, 
and  they  may  elect  a  secretary  and  prescribe  his  duties.  The  pres- 
ident and  secretary,  or  either  of  them,  shall  make  such  reports  to 
the  county  superintendent  as  are  required  of  common  school  trus- 
tees, and  shall  publish  annually  such  information  as  will  show  the 
financial  condition  of  the  graded  common  school  district,  and  such 
other  facts  as  they  may  deem  beneficial  to  the  cause  of  education  in 
their  respective  districts.     (Ky.  Stat.  Sec.  4476.) 

§  142.— Free  Tuition  to  Resident  White  Pupil  Children— All 
white  children  within  the  common  school  age  residing  in  any  graded 
common  school  district  shall  have  the  right  of  free  admission  to  the 
graded  common  school  thereof.     (Ky.  Stat.  Sec.  4477.) 

§  143. — Terms  of  Admission  of  Other  Pupils — The  trustees  may 
admit  into  said  graded  common  school  children  who  do  not  reside 
within  the  said  district,  or  persons  over  the  common  school  age,  on 
such  terms  and  conditions,  and  upon  the  payment  of  such  tuition 
and  other  fees  as  they  may  deem  proper.     (Ky.  Stat.  Sec.  4478.) 

§  144. — Treasurer,  His  Duties  and  Responsibilities — The  said 
board  of  trustees  shall  appoint  a  treasurer  for  said  graded  common 
school  district,  who,  before  entering  upon  the  duties  of  his  office 


School  Laws  of  Kentucky,  61 

shall,  in  the  county  court,  execute  bond,  with  sureties  approved  by 
the  court,  pa3^able  to  the  Commonwealth  of  Kentucky,  for  the  use 
and  benefit  of  the  trustees  of  said  graded  common  school  district, 
conditioned  for  the  faithful  performance  of  his  duties  under  this  ar- 
ticle. All  funds  arising  from  the  sale  of  bonds  under  this  law,  and 
all  funds  collected  for  the  purpose  of  defraying  the  annual  expenses 
of  said  schools,  and  for  the  payment  of  the  principa^l  and  interest 
of  said  bonds,  or  for  any  other  purposes,  shall  go  into  the  hands  of 
said  treasurer,  who  shall,  together  with  his  sureties,  be  responsible 
therefor.  Said  treasurer  shall  pay  out  said  funds  only  for  the  pur- 
poses for  which  they  were  respectively  collected,  upon  the  written 
order  of  the  president  and  secretary  of  said  board  of  trustees.  The 
board  of  trustees  shall  pay  its  treasurer  such  sum  for  his  services  as 
shall  be  reasonable  and  just.     (Ky.  Stat.  Sec.  4479.) 

§  145. — Payment  of  Pro  Rata  of  the  State  and  the  County 
Funds — The  county  sueprintendent  of  common  schools  shall,  an- 
ually,  pay  to  the  treasurer  of  any  graded  common  school  district 
that  may  be  organized  and  operating  in  his  county,  in  conformity 
with  this  article,  the  pro  rata  portion  of  the  State  and  county  fund 
due  the  said  district,  according  to  the  number  of  pupil  children 
therein,  as  soon  as  the  same  shall  come  into  his  hands ;  or,  if  desired 
by  the  trustees,  he  may  pay  in  January  the  full  amount  due  said 
district.     (Ky.  Stat.  Sec.  4480.) 

§  146. — Provisions  of  Grounds  and  Buildings — Issuance  of 
onds — Sinking  Fund — Said  board  of  trustees  shall  provide  funds 
or  purchasing  suitable  grounds  and  buildings,  or  for  erecting  or  re- 
airing  suitable  buildings,  and  for  other  expenses  needful  in  con- 
ucting  a  good  graded  common  school  in  their  graded  common 
chool  district;  and  to  this  end  they  may  use  such  part  of  the  pro- 
eeds  of  the  said  tax  as  they  deem  necessary,  and  it  shall  be  the  duty 
1  said  board  of  trustees,  and  if,  in  their  opinion,  it  be  necessary, 
nd  they  are  hereby  authorized  and  empowered  to  order  an  election 
and  submit  to  the  voters  of  their  respective  graded  common  school 
districts  the  question  whether  or  not  the  trustees  thereof  shall  issue 
bonds  of  their  respective  graded  common  school  districts,  in  any 
amount  not  exceeding  the  limit  provided  by  section  (157)  one  hun- 

Idred  and  fifty-seven  and  (158)  one  hundred  and  fifty-eight  of  the 
present  Constitution  of  this  State,  for  the  purpose  of  providing  suit- 
kh\e  grounds,  school  buildings,  furniture  and  apparatus  for  their 
I     _.. _.__.,. _ ....^.. „_,, _..__ 


62  School  Laws  of  Kentucky. 

respective  graded  common  school  districts :  Provided,  That  due 
notice  of  said  election  shall  be  given  by  the  trustees  of  their  respect- 
ive districts,  by  written  or  printed  posters  not  less  than  one  foot 
square,  signed  by  the  trustees  of  their  respective  districts,  stating 
the  time,  place  and  hours  of  said  election,  posted  at  no  less  than  six 
pubHc,  conspicuous  places  in  the  district  for  ten  days  previous  to 
the  day  of  the  election,  and  by  one  insertion  thereof'in  the  news- 
paper, if  any,  published  in  said  district.  The  board  shall  appoint 
two  judges,  a  clerk  and  a  sheriff  to  hold  said  election,  who  shall  be 
first  duly  sworn  before  acting,  and  shall  be  housekeepers  and  tax- 
payers, resident  in  the  district  for  which  they  are  appointed,  and 
one  of  the  judges  shall  ask  of  each  voter:  "Are  you  in  favor  of  the 
issue  of  bonds  by  the  trustees  of  the  graded  common  schools  of  this 
district,  for  the  purpose  of  providing  suitable  grounds,  school  build- 
ings, furniture  and  apparatus  for  this  district?"  and  the  clerk  shall 
record  the  answer,  "Yes"  or  "No,"  as  given  by  the  voter.  If  two- 
thirds  of  the  voters  voting  at  said  election  vote  in  favor  of  the  issue 
of  the  bonds,  then  the  trustees  of  such  graded  common  school  dis- 
trict may  issue  the  bonds  of  said  district  for  an  amount  not  exceed- 
ing the  constitutional  limit  and  in  conformity  with  the  Constitution 
of  this  State.  And,  for  the  purpose  of  meeting  the  interest  on  such 
bonds  and  creating  a  sinking  fund  for  the  payment  of  the  principal 
thereof,  and  the  boards  of  trustees  of  their  respective  districts, 
where  the  issue  of  such  bond  is  voted,  are  authorized  and  empow- 
ered to  levy  annually  a  tax  in  addition  to  that  already  voted,  which 
shall  not  increase  the  tax  rate  for  school  purposes  in  their  respective 
districts  to  more  than  seventy-five  cents  on  each  $100  worth  of  tax- 
able property  within  the  district.  The  said  bonds  may  be  of  any 
denomination,  in  even  hundreds,  not  exceeding  $1,000  each,  running, 
not  exceeding  thirty  years,  and  bearing  interest  at  a  rate  not  ex- 
ceeding six  per  cent,  per  annum,  payable  annually  or  semi-annually, 
as  expressed  in  said  bonds,  payable  to  bearer,  with  interest  coupons 
attached.  They  shall  be  signed  by  the  president  of  said  board  of 
trustees  and  attested  by  the  secretary  thereof,  shall  pass  by  deliv- 
ery, and  shall  be  redeemable  at  the  option  of  said  board.  Said  bonds 
shall  be  sold  by  the  trustees,  or  their  authorized  agent,  for  the 
highest  price  obtainable,  but  not  for  less  than  their  face  par  value 
and  accrued  interest,  and  the  proceeds  paid  over  to  the  treasurer  and 


School  Laws  of  Kentucky.  63 

applied  to  the  uses  and  purposes  contemplated  in  this  law.  (Ky. 
Stat.  Sec.  4481.) 

§  147. — Provisions  of  Section  4481  Applied  to  all  Districts — All 
the  rights  and  powers  as  to  issuing  bonds  and  levying  of  taxes-to_ 
pay  the  principal  and  interest  of  same  mentioned  in  section  126  as 
amended  by  the  act  of  the  General  Assembly,  approved  March 
twelfth,  one  thousand  eight  hundred  and  ninety-six.  Acts  1896, 
chapter  4,  and  for  the  purpose  therein  mentioned,  are  hereby  applied 
to  and  conferred  upon  all  graded  common  schools,  maintained  by 
any  city  of  the  fifth  or  sixth  class,  or  any  town  or  school  district 
organized  by  virtue  of  a  special  act  of  the  General  Assembly.  The 
election  to  take  the  sense  of  the  voters  as  to  issuing  of  said  bonds 
and  levying  said  taxes  to  be  held  by  the  board  of  trustees  as  pro- 
vided in  said  act  of  one  thousand  eight  hundred  and  ninety-six. 
(This  section  is  an  act  of  March  21,  1902.)     (Ky.  Stat.  Sec.  4481a.) 

§  148. — Levy  of  Annual  Property  Tax  and  Capitation  Tax — 
Provisions  for  Sinking  Fund — The  board  of  trustees  of  any  graded 
common  school  district  where  the  tax  has  been  voted  shall  cause  to 
be  levied  and  collected  an  annual  ad  valorem  tax,  in  any  sum  not 
exceeding  the  amount  voted  for  in  said  district  under  the  provisions 
of  this  law,  upon  each  one  hundred  dollars  worth  of  property  of 
every  kind  and  character,  having  value  and  owned  by  any  white 
person,  company  or  corporation,  subject  to  taxation  within  the 
limits  of  said  graded  common  school  district;  or  shall  cause  to  be 
levied  annually  a  poll  tax  in  any  sum  not  exceeding  the  amount 
voted  in  said  district  under  this  law,  on  each  white  male  citizen 
residing  within  the  limits  of  any  graded  common  school  district, 
over  twenty-one  years  of  age,  or  both  an  ad  valorem  and  a  poll  tax, 
i''  so  voted  at  the  said  election:  Provided,  No  levy  shall  be  made 
under  the  provisions  of  this  law  later  than  the  close  of  the  fiscal 
year  in  which  the  last  county  assessment  shall  have  been  made. 
The  board  of  trustees  shall,  out  of  collections  under  each  levy,  by 
order,  set  apart  out  of  the  collection  of  each  levy  a  sufficient  amount 
to  pay  interest  for  the  year  on  any  bond  issued,  and  the  treasurer 
shall  pay  same;  and,  in  addition,  shall,  out  of  the  several  levies, 
until  entire  payment  of  such  bonds,  set  aside  a  sufficient  amount 
as  a  sinking  fund,  when  aggregated,  to  meet  the  principal  of  the 
bonds  at  maturity,  which  sinking  fund  shall  be  kept  loaned,  with 
ample  security,  or  profitably  invested,  and  shall  be  used  for  no 


64  School  Laws  of  Kentucky, 

other  purpose  than  the  payment  of  principal  of  such  bonds.  But  if 
the  board  so  order,  the  sinking  fund,  or  any  part  thereof,  may  be 
used  in  the  purchase  of  such  bonds  before  maturity,  except  a  suffi- 
ciency to  pay  interest  on  the  outstanding  bonds.  (Ky.  Stat.  Sec. 
4482.) 

§  149. — Assessment,  Collection,  etc.,  Governed  by  Section  4443, 
Ky.  Statute — The  assessment  of  property,  the  collection  of  taxes, 
powers  and  duties  of  trustees  and  other  officers  in  graded  common 
school  districts,  shall  be  governed  by  section  4443.  (Ky.  Stat.  Sec. 
4483.) 

§  150. — Title  to  all  Common  School  Property  Vested  in — Board 
of  Trustees — The  title  to  all  common  school  and  all  county  sem- 
inary property  in  the  limits  of  any  graded  common  school  district, 
organized  under  the  provisions  of  this  law,  shall  be,  and  the  same  is 
hereby,  vested  in  the  board  of  trustees  of  said  graded  common 
school  district,  and  they  are  hereby  authorized  and  empowered  to 
sell  and  convey  the  same,  or  to  use  the  same  for  graded  comm^on 
school  purposes,  as  to  them  shall  seem  best;  but  when  county 
seminary  property  shall  be  appropriated,  all  pupils  of  the  county 
shall  be  permitted  to  attend  such  school  at  such  reduced  tuition 
from  what  is  ordinary  as  shall  be  equitable,  and  make  good  to  them 
their  interest  in  said  seminary  property.  It  is  further  provided  that 
when  any  graded  school  district  shall  embrace  any  school  property 
owned  or. held  in  trust  by  trustees,  said  trustees,  by  a  majority  vote 
of  their  board,  are  hereby  authorized  and  empowered  to  convey 
their  school  property  to  the  trustees  of  the  graded  school  at  such 
price  and  on  such  conditions  as  may  be  agreed  upon  by  the  trustees 
of  both  parties.     (Ky.  Stat.  Sec.  4484.) 

§  151. — When  Trustees  Appoint  Officers  of  Election — Their 
Duties — After  the  first  election  provided  for  in  this  law,  shall  have 
been  held,  the  tax  voted,  trustees  elected,  and  the  graded  common 
school  organized,  the  board  of  trustees  shall  appoint  the  officers  to 
hold  all  other  elections,  which  officers  shall  take  an  oath  to  be  under 
the  same  responsibilities  and  subject  to  the  same  penalties  as  the 
officers  holding  State  or  county  elections,  only  they  shall  make 
returns  of  poll-books,  and  certify  the  result  of  the  elections  to  the 
board  of  trustees,  who  shall  examine  and  compare  the  same,  and 
issue  certificates  to  the  persons  found  to  be  elected.  (Ky.  Stat. 
Sec.  4485.) 


School  Laws  of  Kentucky.  65 

§  152. — Proposition  Failing,  a  Vote  may  be  had  again  in  Two 
Years — If  it  be  found  that  a  majority  of  the  votes  cast  upon  the 
said  proposition  in  the  election  provided  for  in  section  128,  (4464 
Ky.  Stat.)  to  be  cast  against  said  tax,  then  the  said  tax  shall  not 
be  levied  or  collected.  But  the  question  of  voting  the  said  tax  may, 
after  the  expiration  of  two  years  from  the  first  or  any  subsequent 
vote,  be  again  submitted  to  the  legal  voters  of  said  district  upon 
the  conditions  and  in  the  manner  prescribed  for  the  first  vote.  (Ky. 
Stat.  Sec.  4486.) 

§  153. — Colored  Graded  Free  Schools — The  provisions  of  this 
law  shall  apply  to  such  graded  common  school  districts  as  may  be 
applied  for  and  organized  by  the  colored  people  of  this  Common- 
wealth, and  such  districts  and  graded  schools  may  be  organized  by 
them,  in  all  cases,  the  same  as  the  white  districts  herein  provided 
for  are  organized.  In  that  case  the  word  "colored"  is  to  be  sub- 
stituted for  the  word  "white"  whenever  it  has  occurred  heretofore 
in  this  law.  No  white  person  shall  vote  at  any  election  held  by  the 
colored  people  under  the  provisions  of  this  law ;  nor  shall  the  prop- 
erty of  any  white  person  be  taxed  to  maintain  any  graded  common 
school  for  colored  children ;  nor  shall  the  property  of  a  colored  per- 
son be  taxed  for  the  benefit  of  any  graded  common  school  for  white 
children;  nor  shall  any  white  child  attend  any  graded  common 
school  for  colored  children  organized  under  the  provisions  of  this 
law;  nor  shall  any  colored  child  attend  any  graded  common  school 
for  white  children.     (Ky.  Stat.  Sec.  4487.) 

§  154. — Fifth  and  Sixth  Class  Cities,  or  School  Organized  by 
Special  Act,  May  Accept  Provisions,  etc. — The  provisions  of  this 
article  shall  not  affect  or  in  any  way  interfere  with  any  graded 
common  school  or  schools  maintained  by  any  city  of  the  fifty  or 
sixth  class,  or  any  town  or  school  district  organized  by  virtue  of  a 
special  act  of  the  General  Assembly,  unless  the  said  city,  town  or 
district  shall,  by  a  majority  vote,  endorsed  by  the  recorded  action 
of  the  board  of  trustees,  accept  the  provisions  of  this  article  for  the 
government  of  the  said  school  or  schools  in  any  election  held  under 
the  written  order  of  the  county  judge,  or  the  mayor  of  said  city,  in 
the  manner  and  under  the  restrictions  of  sections  128,  129,  and  130, 
in  which  election  nothing  but  the  matter  of  such  acceptance  shall  be 
determined;  and  the  only  question  propounded  to  each  voter  shall 
be:     "Are  you  in  favor  of  accepting  the  provisions  of  the  general 


66  School  Laws  of  Kentucky, 

graded  common  school  law?"  In  the  event  of  such  majority  vote  in 
favor  of  accepting  the  said  provisions,  and  an  endorsement  by  the 
board  of  trustees,  the  graded  common  school  or  schools  of  the  said 
city,  town  or  district,  shall  thereafter  be  governed  by  and  subject 
to  all  the  preceding  provisions  for  graded  common  schools.  (Ky. 
Stat.  Sec.  4488.) 

^  155. — First,  Second,  Third  and  Fourth  Class  Cities — Provis- 
ions— The  provisions  of  this  article  shall  not  affect,  or  in  any  way 
interfere  with,  any  system  of  graded  common  schools  established 
and  maintained  by  any  city  of  the  first,  second,  third  or  fourth  class, 
by  virtue  of  a  general  or  special  act  of  the  General  Assembly.  Any 
city  of  the  first,  second,  third  or  fourth  class  may  accept  the  provis- 
ions of  this  law,  and  establish  graded  common  schools,  subject  to 
all  the  provisions  thereof,  except  as  especially  hereinafter  provided 
in  this  section,  by  a  majority  vote,  indorsed  by  the  recorded  action 
of  the  board  of  trustees,  at  an  election  held  in  the  manner  prescribed 
in  section  128.  In  the  event  of  a  majority  vote  in  favor  of  accepting 
the  said  provisions,  and  an  indorsement  by  the  board  of  trustees, 
the  following  provisions  shall  apply  to  the  graded  common  schools 
of  such  city  of  the  first,  second,  third  or  fourth  class  instead  of  the 
corresponding  provisions  in  the  preceding  section  of  this  article : 
(1.)  An  order  for  the  holding  of  an  election,  as  first  provided  in 
section  128,  may  be  made  by  the  mayor,  and  the  said  mayor  shall, 
in  such  case,  perform  all  the  duties  required  of  the  county  judge  in 
carrying  into  effect  the  provisions  of  the  law;  the  number  of  peti- 
tioners shall  be  one  hundred  instead  of  ten;  the  election  shall  be 
held  by  the  officer  whose  duty  it  is  to  hold  other  city  elections;  the 
approval  of  the  county  superintendent  shall  not  be  required  in  the 
petition;  and  the  location  and  site  of  any  proposed  school  house 
shall  not  be  required  to  be  set  out  in  the  said  petition.  (2.)  The 
maximum  limit  for  the  cost  of  any  school  building  shall  be  one 
hundred  thousand  dollars  ($100,000),  instead  of  fifteen  thousand 
dollars  ($15,000).  (3.)  The  number,  name  and  style  of  the  board 
of  trustees  shall  be  determined  by  themselves  instead  of  the  number 
limited  to  five;  but  the  number  of  trustees  in  no  case  shall  exceed 
one  more  than  the  number  of  wards  in  the  city.  (4.)  The  length 
of  the  term,  the  order  of  retirement,  the  date  of  election  of  trustees, 
may  be  fixed  by  the  charter  of  said  city,  but  the  term  of  office  shall 
in  no  case  exceed  four  years.     (5.)     Principals  and  teachers  shall 


School  Laws  of  Kentucky.  67 

not  be  required  to  hold  county  certificates.  (6.)  The  president  of 
the  board  of  trustees  may  be  elected  from  the  city-at-large,  if  the 
said  board  shall  so  determine.  (7.)  The  Superintendent  of  Public 
Instruction  shall  pay  directly  to  the  treasurer  of  the  city  graded 
common  schools  the  pro  rata  portion  of  school  funds  due  said  city 
from  the  State.  (8.)  The  aggregate  amount  of  the  outstanding 
bonds  issued  by  the  board  of  trustees  shall  not,  at  any  given  time, 
exceed  2  per  cent,  of  the  taxable  property  of  the  city,  instead  of  the 
bonds  so  issued  being  limited  in  amount  to  fifteen  thousand  dollars 
($15,000).  (9.)  The  assessment  of  property  made  by  the  city  as- 
sessor, and  equalized  according  to  law,  shall  be  made  the  basis  for 
collection  of  city  taxes  for  school  purposes  of  every  kind,  and  the 
said  taxes  shall  be  collected  by  the  city  collector  at  the  time  of  col- 
lecting other  city  taxes,  and  he  shall  be  responsible  on  his  official 
bond  for  the  same,     f Ky.  Stat.  Sec.  4489.) 

§  156.— Tax  to  Complete  Buildings  and  Pay  Old  Debt— The 
board  of  trustees  of  graded  schools  maintained  by  taxation,  and 
designed  for  the  education  of  children  residing  within  certain  boun- 
daries, may,  in  case  where  the  tax  now  imposed  in  such  districts 
is  not  sufficient  to  pay  for  the  school  buildings  which  have  hereto- 
fore been  completed  but  not  paid  for,  issue  bonds  of  such  districts 
for  an  amount  equal  to  the  sum  due  for  completing  the  school  build- 
ings, and  impose  annually  a  tax  of  not  exceeding  twenty-five  cents 
on  each  $100  worth  of  property  in  the  district,  in  addition  to  the 
tax  now  imposed  in  such  districts,  to  pay  the  bonds  so  issued  and 
the  interest  thereon ;  and  the  foregoing  provisions  shall  apply  as 
well  to  like  schools  under  the  authority  and  management  of  a  board 
of  education  or  other  authority  of  a  district,  town  or  city;  and  in 
cases  where  bonds  were  issued  prior  to  the  adoption  of  the  present 
Constitution,  by  authority  of  special  laws,  and  have  matured  with- 
out being  paid,  the  board  of  trustees,  board  of  education  or  other 
authority  of  a  town,  city  or  district,  may  issue  the  bonds  of  the  dis- 
trict, town  or  city  to  an  amount  equal  to  the  sum  still  due  and 
unpaid,  under  the  conditions  and  restrictions  herein  imposed.  (Ky. 
Stat.,  Sec.  4490.) 

§  157. — Interest  on  Bonds  Limited — The  bonds  so  issued  shall 
bear  not  exceeding  six  per  cent,  interest  per  annum,  and  shall  be 
issued  by  a  majority  of  the  trustees,  and  in  such  manner  as  they 
may  deem  best,  and  shall  be  payable  at  such  times  and  at  such 


68  School  Laivs  of  Kentucky. 

places  and  in  such  amounts  as  they  may  determine;  and  the  tax  to 
pay  the  bonds  and  interest  shall  be  imposed  by  an  order  signed  by 
a  majority  of  the  trustees,  specifying  the  annual  tax  to  be  imposed. 
(Ky.  Stat.,  Sec.  4491.) 

§  158. — Assessment  and  Collection  Governed  by  Sec.  4443  Ky. 
Statute — The  tax  imposed  shall  be  paid  on  the  assessed -value  of  the 
property  in  the  district  as  ascertained  by  the  assessment  made  for 
State  and  county  purposes  next  preceding  the  collection  of  the  tax, 
and  shall  be  collected  in  the  same  manner  as  is  provided  for  the  col- 
lection of  district  taxes  by  section  4443,  Kentucky  Statutes,  and  the 
same  penalties  shall  be  added  for  failure  to  pay  the  same;  and  the 
same  compensation  shall  be  paid  for  its  collection  as  is  paid  for  col- 
lecting State  revenue.     (Ky.  Stat.,  Sec.  4492.) 

§  159. — Tax  to  Pay  Bonds  and  Interest — When  Levied — The 
board  of  trustees  shall  annually,  on  the  second  Monday  in  May, 
impose  the  tax,  and  when  paid  the  treasurer  of  the  board  shall  at 
once  apply  the  same  to  the  payment  of  the  bonds  and  interest  as  re- 
quired by  the  board.  When  the  bonds  and  interest  are  paid  the  tax 
shall  not  be  levied  or  collected,  nor  shall  the  trustees,  or  any  of 
them,  receive  any  compensation  for  their  services  under  this  law. 
(Ky.  Stat.,  Sec.  4493.) 

§  160. — Who  to  Sign  Bonds — Settlement  of  Accounts^— The 
bonds  herein  provided  for  shall  be  signed  by  the  chairman  of  the 
board  of  trustees  of  the  graded  school  and  countersigned  by  the 
secretary.  The  collecting  officer  and  the  treasurer  of  the  board  of 
trustees  shall  settle  their  accounts  with  the  board  on  or  before  the 
first  Monday  in  January  each  year,  and  the  board  may  require  them 
to  state  their  accounts  as  often  as  once  every  three  months.  (Ky. 
Stat.,  Sec.  4494.) 

§  161. — Limits  May  be  Extended — Disposition  of  Property  in 
Annexed  Territory — When  Change  to  Take  Effect — Power  of  Trus- 
tees— Any  graded  common  school  district  organized  and  existing 
under  any  special  act  of  the  Legislature,  and  any  such  district  that 
has  been  or  may  be  hereafter  organized  under  the  general  laws  of 
this  State,  may,  by  and  with  the  written  consent  of  a  majority  of 
the  legal  voters  in  the  territory  to  be  added,  extend  the  limits  of 
such  district  so  as  to  include  such  additional  territory  as  the  Board 
of  Education  or  trustees  of  such  district,  may  desire  to  take  within 
the  limits  and  add  to  such  district.     (Acts  of  1906.)    Whenever  any 


School  Laws  of  Kentucky.  69 

additional  territory  shall  be  added  to  any  graded  common  school 
district  as  provided  by  section  161  of  this  act,  the  school  superin- 
tendent of  the  county  shall  make  such  changes  in  the  common 
school  district  or  districts  affected  thereby  as  he  may  deem  proper 
to  accommodate  the  pupils  of  such  common  school  districts.  If  the 
territory  added  to  any  graded  common  school  district  as  provided 
by  this  act,  shall  include  any  common  school  house  and  grounds,  the 
title  thereto  shall  vest  in  the  Board  of  Education,  or  trustees  of  such 
graded  common  school  district,  who  shall  have  the  right  to  either 
utilize  the  same  for  school  purposes,  or  sell  and  convey  same  at 
such  price  as  they  may  determine,  and  use  the  proceeds  for  school 
purposes  in  said  district :  Provided,  however,  If  the  taking  of  such 
school  house  and  grounds  into  such  graded  common  school  district 
shall  necessitate  the  building  of  another  house  for  any  common 
school  district  affected  by  taking  the  same,  the  graded  common 
school  district  taking  such  property  shall  pay  to  the  common  school 
district  in  which  such  new  house  is  to  be  built  the  proportion  of 
the  value  of  the  house  and  grounds  taken,  as  the  pupils  left  in  the 
common  school  district  affected  bear  to  the  whole  number  of  pupils 
in  such  district  at  the  time  such  change  is  made.  When- 
ever a  change  shall  be  made  in  the  boundary  of  any  graded 
common  school  district  as  provided  by  this  act,  the  Board  of  Educa- 
tion or  trustees  of  such  district  shall  have  the  right  to  fix  a  date 
after  such  change  shall  have  been  determined  upon  when  such 
change  shall  take  effect,  and  until  that  time  the  government  of  the 
schools  affected  thereby  shall  remain  the  same  as  before,  and  in  the 
meantime  such  boards  of  education  or  trustees  and  the  county 
school  superintendent  shall  have  the  right  to  make  all  necessary 
provision  for  the  accommodation  of  the  pupils  who  will  be  affected 
by  such  change  at  the  time  it  takes  effect.  (Acts  of  1906.)  (Ky. 
Stat.,  Sec.  4464b.) 

CHAPTER  XI. 

TEACHER'S  INSTITUTE. 

§  162. — Organization — Object — Time — Programme  and  Sylla- 
bus— Penalty — It  shall  be  the  duty  of  each  county  superintendent 
to  organize,  and  cause  to  be  held  annually,  a  teacher's  institute  for 
the  normal  instruction,  improvement  and  better  qualification  of  the 


70  School  Laws  of  Kentucky. 

teachers  in  his  county.  The  institute  shall  occupy  not  less  than  five 
nor  more  than  ten  days,  and  shall  be  held  between  the  first  day  of 
July  and  the  first  day  of  November.  The  Superintendent  of  Public 
Instruction  and  the  two  professional  members  of  the  State  Board 
of  Examiners  shall  constitute  a  committee  on  programme  to  pre- 
pare and  place  in  the  hands  of  each  county  superintendent,  not  later 
than  June  first  of  each  year,  a  programme  of  the  woik  of  the  in- 
stitute, and  a  syllabus  of  each  subject  of  instruction.  The  pro- 
gramme and  syllabus  shall  be  furnished  each  member  of  the  insti- 
tute, and  shall  be  faithfully  and  efficiently  carried  out.  Any  county 
superintendent,  who  shall  wilfully  fail  or  neglect  to  hold  the  annual 
institute  as  prescribed  in  this  article,  shall  be  fined  fifty  dollars. 
(Ky.  Stat.,  Sec.  4507.) 

§  163. — One  or  more  Able  and  Experienced  Conductors  to  be 
Employed — Each  county  superintendent  of  the  State  may  employ 
one  or  more  able  and  experienced  institute  instructors  to  direct  each 
institute  held  by  him,  and  to  instruct  the  teachers  thereof.  (Ky. 
Stat.,  Sec.  4508.) 

§  164. — Convention  of  Institute  Conductors — Object  of — Be- 
ginning in  1894,  the  Superintendent  of  Public  Instruction  may,  an- 
nually, call  all  the  professional  institute  workers  of  the  State  into 
institute  convention  at  the  State  Capitol,  during*  the  month  of  May, 
for  the  purpose  of  better  organization  and  more  eflfective  manage- 
ment of  institute  work.  At  the  said  institute  convention,  the  whole 
subject  of  institute  work  shall  be  thoroughly  discussed  and  the  best 
plans  for  prosecuting  it  throughout  the  State  shall  be  adopted  and 
used  in  all  counties.  The  said  institute  convention  may  suggest  to 
the  committee  on  programme  principles,  subjects  and  methods  for 
incorporation  in  the  programme  syllabus.     (Ky.  Stat.,  Sec.  4509.) 

<^  165. — Who  must  Attend  Institute — Penalty  for  Non- Attend- 
ance, etc. — Sickness  and  Disability — Every  teacher  of  a  common 
school,  including  teachers  of  the  graded  common  schools  in  cities 
of  the  fifth  and  sixth  classes,  who  hold  a  State  diploma.  State  certi- 
ficate or  county  certificate,  or  who  contemplate  applying  for  a  cer- 
tificate of  qualification  to  teach  in  the  common  schools,  shall  attend 
the  full  session  of  the  institute  in  his  home  county,  unless  he  is 
teaching  in  another  county  in  which  the  institute  is  yet  to  be  held, 
or  has  attended  the  institute  of  a  county  in  which  he  has  a  contract 
to  teach.    If  teaching  in  a  county  other  than  his  home  county,  whose 


School  Laws  of  Kentucky.  71 

institute  is  yet  to  be  held,  he  must  attend  the  full  session  of  the 
latter.  The  county  superintendent  shall  revoke  the  certificate  of 
any  teacher  who  shall  fail  or  neglect  to  attend  the  full  session  of  the 
institute,  unless  the  superintendent  shall  be  fully  satisfied  that  such 
failure  has  been  caused  by  actual  sickness  or  other  disability.  After 
the  county  institute  has  been  held,  it  shall  be  unlawful  to  grant  any 
person  a  certificate  to  teach  at  any  time  during  that  school  year, 
unless  the  said  person  shall  have  attended  the  full  session  of  the  in- 
stitute of  that  or  some  other  county  during  that  school  year,  or  un- 
less the  county  superintendent  shall  be  fully  satisfied  that  the  fail- 
ure to  attend  the  institute  has  been  caused  by  sickness  or  other  dis- 
ability. During  the  institute,  there  shall  be  a  suspension  of  all  the 
schools  as  are  in  session,  but  no  reduction  of  the  teachers'  salary 
shall  be  made  on  account  of  such  suspension.  The  time  of  actual 
attendance  upon  the  institute  in  days  and  parts  of  days,  shall  be  ac- 
credited to  the  teachers,  if  institute  be  held  during  the  session  of 
his  school.  At  the  close  of  the  institute,  the  county  superintendent 
shall  give  to  each  teacher  or  other  person  in  attendance  a  certificate 
of  the  number  of  days  and  parts  of  days  that  the  teacher  or  other 
person  has  attended,  which  certificate  of  attendance  shall  be  filed 
by  the  teacher  with  the  chairman  of  the  division  board  of  education 
of  the  district,  who  shall  make  report  thereof  to  the  county  super- 
intendent at  the  time  of  reporting  the  school."  (Ky.  Stat.,  Sec. 
4510  as  amended  Chap.  35,  Acts  1906.) 

§  1 66. — ^Joint  Institutes — Two  Conductors  to  be  Engaged — Rec- 
ord— Any  adjoining  counties,  not  exceeding  four  in  number,  may 
combine  and  hold  a  joint  institute :  Provided,  The  county  super- 
intendents of  all  the  counties  concerned  shall  agree  upon  the  plans 
necessary  to  the  purpose ;  that  each  of  them  shall  attend  the  full  ses- 
sion of  the  said  joint  institute,  and  keep  the  record  provided  in  sec- 
tion one  hundred  and  sixty-seven,  and  that  at  least  two  able  and  ex- 
perienced instructors  are  employed,  if  more  than  two  counties  are 
combined.     (Ky.  Stat.,  Sec.  4511.) 

§  167. — Duties  of  County  Superintendent — Fees — The  county 
superintendent  shall  be  present  during  the  entire  session  of  the  in- 
stitute; shall  have  the  roll  called  every  morning  and  afternoon; 
shall  keep  a  strict  daily  register  of  the  presence,  absence  and  tardi- 
ness of  the  teachers  and  other  members,  and  of  the  exercises  of  the 
institute,  and  after  the  close  thereof,  shall  have  the  proceedings 


72  School  Laws  of  Kentucky, 

printed  in  one  or  more  newspapers.  He  may  collect  two  dollars, 
but  in  no  case  shall  he  collect  less  than  one  dollar  from  each  teacher 
or  other  person  in  attendance  on  the  institute,  except  honorary- 
members,  and  twenty-five  cents  of  the  sum  so  collected  from  each 
person  shall  be  paid  into  the  county  library  fund.  From  the  fees 
collected  from  the  teachers  and  other  persons  in  attendance  the 
county  superintendent  shall  pay  all  necessary  expenses  of  the  in- 
stitute. The  proceedings  shall  be  published  in  such  local  papers 
as  will  do  this  without  charge,  and  one  copy  shall  be  forwarded  to 
the  office  of  Superintendent  of  Public  Instruction.  Any  residue, 
after  the  payment  of  institute  expenses  shall  also  be  paid  into  the 
county  library  fund.  In  case  of  a  joint  institute,  any  surplus  fund 
shall  be  pro  rated  among  the  counties  concerned.  (Ky.  Stat.,  Sec. 
4512.) 

§  168. — Selection  of  Proper  Place  for  Institute — Notices  of — In 
selecting  a  proper  place  for  holding  the  teachers'  institute,  the  coun- 
ty superintendent  shall  decide  with  reference  to  the  convenience 
and  accommodation  of  the  place,  and  shall  endeavor  to  make  such 
arrangements  as  he  best  can  for  economizing  and  reducing  the  ex- 
penses of  teachers  while  in  attendance.  He  shall,  twenty  days 
before  the  institute  begins,  notify  by  mail  the  trustees  of  his  county 
of  the  time  and  place  of  holding  it;  and  it  shall  be  the  duty  of  each 
trustee  to  notify  promptly  every  teacher  in  his  school  subdistrict. 
The  county  superintendent  shall  likewise  direct  the  trustee  of  each 
subdistrict  to  post  notices  thereof.     (Ky.  Stat.,  Sec.  4513.) 

§  169. — Normal  Instructors  to  be  Recommended — The  Superin- 
tendent of  Public  Instruction  may,  when  requested  by  a  county  su- 
perintendent, recommend  able  and  experienced  normal  instructors 
to  conduct  the  teachers'  institute  whose  pay  shall  be  derived  from 
and  paid  by  the  county  superintendent  out  of  the  funds  raised  from 
the  teachers  and  other  members  of  the  institute.  (Ky.  Stat.,  Sec. 
4514.) 

§  170. — Subject  of  Instruction — At  each  session  of  the  institute, 
every  subject  embraced  in  the  common  school  course  shall  be 
brought  before  the  institute,  illustrated  and  described,  and  every 
feature  of  school  organization  and  school  management,  together 
with  the  whole  work  of  the  teacher,  shall  be  considered,  and  the 
common  school  laws  of  the  State  read  and  expounded.  (Ky.  Stat., 
Sec.  4515.) 


School  Laws  of  Kentucky.  73 

§  171. — County  Teachers'  Association — During  the  session  of 
the  institute  there  shall  be  held  a  county  teachers'  association  and 
one  hour  in  the  afternoon  or  night  meeting  shall  be  daily  set  apart 
for  this  purpose.  The  association  may  be  composed  of  all  the 
officers  and  teachers  of  common  schools  present,  and  shall  be  called 
together  by  the  county  superintendent,  who  shall  be  ex  officio  pres- 
ident. The  object  of  such  association  shall  be,  primarily,  to  discuss 
and  devise  the  best  ways  and  means  of  promoting  the  interest  of 
education,  the  improvement  of  teachers,  and  the  methods  of  teach- 
ing and  especially  to  devise  means  for  securing  better  school  houses, 
better  attendance,  and  local  aid  for  common  schools.  The  said  asso- 
ciation shall  be  a  permanent  organization,  with  one  vice-president 
for  each  magisterial  district  to  be  elected  or  appointed ;  and  shall 
hold  at  least  one  meeting  in  each  magisterial  district,  besides  the 
meeting  at  the  institute  during  the  first  six  months  of  each  school 
year.  Every  teacher  shall  attend  at  least  the  meeting  held  in  the 
magisterial  district  in  which  he  shall  teach,  and  upon  failure  to  do 
so,  shall  teach  an  additional  day  during  the  school  month  following 
such  failure,  unless  he  shall  satisfy  the  county  superintendent  that 
such  failure  was  caused  by  sickness  or  other  actual  inability.  The 
county  superintendent  shall  attend  each  meeting  of  the  association, 
and  shall  prepare  or  have  prepared  a  programme  of  the  exercises 
therefor.     (Ky.  Stat.,  Sec.  4516.) 

§  172. — Report  of  County  Superintendent — The  county  super- 
intendent shall,  at  the  time  of  making  his  annual  report  to  the  su- 
perintendent, also  report  the  time  and  place  of  holding  the  teachers' 
institute,  the  name  of  the  person  or  persons  conducting  the  same, 
the  number  of  persons  registered  as  in  attendance,  the  sum  collected 
by  a  fee  from  each  person  in  attendance,  the  number  of  teachers  of 
common  schools  in  the  county  who  did  not  attend  the  institute  and 
teachers'  association ;  and  such  other  facts  as  he  may  deem  of  value 
and  interest.     (Ky.  Stat.,  Sec.  4517.) 

CHAPTER  XII. 

COUNTY  AND  DISTRICT  LIBRARY. 

§  173. — County  Library — By  whom  kept — Funds — How  Pro- 
vided— There  shall  be  a  county  teachers'  library  in  each  county  of 
the  Commonwealth  to  be  kept  under  the  care  and  in  the  office  of  the 


74  School  Laivs  of  Kentuclxy. 

county  superintendent,  for  the  exclusive  use  and  benefit  of  the 
teachers  of  the  county.  The  sums  collected  for  the  purpose  at  each 
annual  institute,  and  all  sums  added  thereto  by  donation,  shall  con- 
stitute the  county  library  fund,  which  shall  be  kept  and  accounted 
ior  by  the  county  superintendent.     (Ky.  Stat.  Sec.  4518.) 

§  174. — Library  Committee — By  whom  Composed-»-Duties — 
The  county  superintendent,  as  chairman,  and  two  persons  annually 
elected  by  the  county  institute,  shall  constitute  a  library  committee, 
for  the  selection  and  purchase  of  books,  periodicals  and  furniture, 
and  for  the  adoption  of  rules  for  the  management  of  the  library  un- 
der the  regulations  of  the  State  Board  of  Education.  The  Superin- 
tendent of  Public  Instruction  shall  supply  each  of  these  libraries 
with  a  bound  copy  of  each  edition  of  the  school  law,  of  his  biennial 
reports,  and  other  publications  of  his  department.  The  library  com- 
mittee shall  keep  a  permanent  record  of  its  acts  and  accounts  open 
at  all  times  for  the  inspection  of  the  teachers;  and,  through  its 
chairman,  shall  annually  report  to  the  county  institute  an  itemized 
statement  of  all  sums  received  and  expended;  the  number,  names 
and  cost  of  books  and  other  articles  purchased;  all  donations  of 
books  and  periodicals,  with  the  names  of  the  donors ;  the  number  of 
books  belonging  to  the  library;  the  number  in  the  library;  the  num- 
ber in  loan,  and  such  other  facts  as  may  be  required;  and,  in  his 
annual  report  to  the  Superintendent  of  Public  Instruction,  the  coun- 
ty superintendent  shall  state  the  sums  received,  the  sums  expended, 
the  number  of  volumes  in  the  library,  and  the  increase  during  the 
year.     (Ky.  Stat.  Sec.  4519.) 

§  175. — Organization  and  Management  of  District  Library — 
When,  by  contribution,  purchase  or  otherwise  forty  volumes  can 
be  collected  for  such  purpose,  the  subdistrict  trustees  may  organize 
a  district  library  in  connection  with  the  school  of  the  subdistrict, 
which  shall  be  for  the  use  of  the  subdistrict  in  which  the  same  is 
located.  They  may  make  such  suitable  arrangements  for  keeping 
the  books  and  periodicals  of  the  said  library  as  may  be  necessary, 
and  may  appoint  a  suitable  person  to  take  charge  of  the  same,  and 
to  manage  it  according  to  such  rules  as  they  may  prescribe,  subject 
to  the  regulations  prescribed  by  the  county  board  of  examiners. 
(Ky.  Stat.  Sec.  4520.) 

§  176. — Trustees  to  have  Control  of  District  Library — Regula- 
tions— The  trustees  shall  have  the  same  control  over  the  library  as 


School  Laws  of  Kentucky.  75 

over  the  other  school  property;  may  receive  donations  of  books, 
maps,  charts  and  other  works  of  interest.  But  no  books  of  a  sec- 
tarian, infidel  or  immoral  character  shall  be  placed  in  the  library; 
and  any  such  books  found  therein  shall  be  removed  by  order  of  the 
trustees  or  of  the  county  superintendent.  The  library  shall  be  free 
to  all  pupils  of  suitable  age  belonging  to  the  schools  of  the  subdis- 
trict,  but  any  resident  of  the  subdistrict  may  become  entitled  to  the 
privileges  upon  the  payment  of  such  sum  of  money  for  membership 
as  the  trustees  may  prescribe.     (Ky.  Stat.  Sec.  4521.) 

CHAPTER  XIII. 

ENFORCED  ATTENDANCE 

§  177. — Parents  and  Custodians  of  Children  to  send  them  to 
School — Exceptions — Penalty  For  Violation  of  Law — Trus- 
tees to  See  that  Law  is  Observed — Penalty — Penalty  For 
Making  False  Statement — Jurisdiction  to  Recover  Fines — 
— Complainant,  When  to  Pay  Costs — Law  Applies  to  Col- 
ored Children — Every  parent,  guardian  or  other  person  in 
the  State  of  Kentucky,  having  the  control  of  any  child  or  children 
between  the  ages  of  (7)  seven  and  (14)  fourteen  years,  shall  be  re- 
quired to  send  such  child  or  children,  annually,  at  least  (8)  eight 
weeks  of  which  attendance  shall  be  consecutive,  to  some  public  or 
private  day  or  night  school  for  children :  Provided,  however,  That 
this  act  shall  not  apply  in  any  case  where  the  child  has  been  or  is 
being  taught  at  home  in  such  branches  as  are  taught  in  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examina- 
tions as  other  pupils  of  the  district  or  city  in  which  the  child  re- 
sides, or  whose  physical  or  mental  condition  renders  his  or  her  at- 
tendance impracticable,  or  who  is  excused  by  the  trustees  of  the 
public  school  district  or  the  board  of  education  of  the  city  in  which 
the  parent,  guardian  or  person  having  control  resides,  upon  its  be- 
ing shown  to  their  satisfaction  that  the  parent,  guardian  or  person 
having  control  was  not  able,  by  reason  of  poverty,  to  clothe  such 
child  properly,  or  that  he  or  she  has  already  acquired  the  ordinary 
branches  required  by  laAv,  or  that  there  is  no  white  school,  in  the 
case  of  white  children,  or  colored  school,  in  the  case  of  colored 
children,  taught  within  two  (2)  miles  by  the  nearest  traveled  road. 


76  School  Laws  of  Kentucky. 

Any  parent,  guardian  or  other  person  failing  to  comply  with  the 
provisions  of  this  act  shall  forfeit  to  the  use  of  the  schools  in  the 
city,  town,  or  common  school  district  in  which  such  child  resides,  a 
sum  not  less  than  five  ($5.00)  nor  more  than  twenty  dollars  ($20.00) 
for  the  first  offense,  nor  less  than  ten  ($10.00)  nor  more  than  fifty 
($50.00)  dollars  for  the  second  and  every  subsequent  offense,  and 
cost  of  suit.  It  shall  be  the  duty  of  any  school  trustee  or  president 
of  the  Board  of  Education  to  inquire  into  all  causes  of  complaint 
and  neglect  of  duty  prescribed  in  this  act  and  he  shall  notify  in 
writing  the  parent,  guardian,  or  other  person  so  offending  that  such 
complaint  has  been  made,  and  if  the  cause  be  not  shown  within  (5) 
five  days,  to  at  once  proceed  against  the  responsible  persons  as  is 
hereby  provided;  and  any  school  trustee  or  president  of  the  Board 
of  Education  neglecting  to  undertake  such  prosecution  in  good  faith 
for  such  offense,  within  ten  (10)  days  after  a  written  notice  has  been 
served  on  him  by  any  tax-payer  in  said  district  or  city,  unless  the 
person  so  complained  of  shall  be  excused  by  the  district  or  city 
board,  or  Board  of  Education,  for  the  reasons  hereinbefore  stated, 
shall  forfeit  to  the  public  schools  in  the  city,  town  or  common  school 
district  in  which  said  trustee  or  president  of  the  board  of  education 
resides,  a  sum  not  less  than  ten  ($10)  nor  more  than  fifty  ($50) 
dollars.  Any  person  having  control  of  a  child,  who,  with  intent  to 
evade  the  provisions  of  this  act,  shall  make  a  wilfully  false  state- 
ment concerning  the  age  of  such  child,  or  the  time  such  child  has 
attended  school,  shall  forfeit  for  each  offense  a  sum  not  less  than 
five  ($5)  nor  more  than  twenty  ($20)  dollars,  for  the  use  of  public 
schools  for  such  city,  town  or  district.  Any  fine  or  penalty  men- 
tioned in  this  act  may  be  sued  for,  and  recovered  before  any  court 
of  record  or  justice  of  the  peace  of  the  proper  county,  in  the  name 
of  the  Commonwealth  of  Kentucky,  for  the  use  of  the  public  schools 
of  the  city,  town  or  district  in  which  said  child  resides.  That  upon 
the  trial  of  any  offense  as  charged  herein  if  upon  such  trial  it  shall 
be  determined  that  such  prosecution  was  malicious,  then  the  cost 
in  such  case  shall  be  adjudged  against  the  complainant,  and  col- 
lected as  fines  in  other  cases.  The  conditions  and  provisions  of  this 
act  shall  apply  to  any  parent,  guardian  or  person  having  control 
of  any  colored  child  or  children,  in  like  manner,  but  no  white  child 
shall  be  permitted  to  attend  or  become  a  pupil  in  any  school  for 
colored  children,  and  no  colored  child  shall  be  permitted  to  attend 


School  Laws  of  Kentucky.  77 

or  become  a  pupil  in  any  school  for  white  children.     (Ky.  Stat.  Sec. 
4521a.) 

CHAPTER  XIV. 

COMPULSORY  ATTENDANCE  AND  TRUANCY  LAW  IN  CITIES 

OF  THE  FIRST,  SECOND,  THIRD  AND  FOURTH  CLASSES. 

(ACT  1910) 

§  178. — Children  between  the  Ages  of  7  and  16  to  be  Enrolled 
in  School — Exceptions — That  every  parent,  guardian  or  other  per- 
son in  any  city  of  the  first,  second,  third  or  fourth  class,  having  the 
custody,  control  or  supervision  of  any  child,  or  children,  between 
the  ages  of  seven  and  sixteen  years  inclusive,  shall  cause  such  child 
to  be  enrolled  in  and  to  attend  some  public  or  private  day  or  paro- 
chial school  regularly  each  school  year  for  a  full  term  or  period  of 
said  school  provided  that  such  private  or  parochial  school  term  shall 
not  be  for  a  shorter  period  during  each  year  than  the  term  of  the 
public  schools  in  the  city  of  the  child's  residence.  Provided,  further, 
that  this  act  shall  not  apply  in  any  case  where  the  child  has  been, 
or  is  being  taught  at  home  in  such  branches  as  are  taught  in  the 
public  schools  for  a  like  period  of  time  and  subject  to  the  same  ex- 
aminations as  other  pupils  of  the  city  in  which  the  child  resides ;  and 
for  the  purpose  of  ascertaining  whether  or  not  any  child  is  embraced 
within  this  exemption  the  court  may  order  such  child  to  submit  to 
an  examination  to  be  given  by  the  city  superintendent  of  schools. 
Provided,  further,  that  this  section  shall  not  apply  to  any  child  who 
is  excused  by  the  Board  of  Education  or  school  board  of  the  city 
in  which  the  parent,  guardian  or  person  having  the  custody,  control 
or  supervision  of  such  child  or  children  reside,  upon  it  being  shown 
to  the  satisfaction  of  the  superintendent  or  chief  executive  officer 
of  schools  upon  certificate  of  the  Health  Officer,  which  certificate 
shall  be  filed  in  the  office  of  the  superintendent  of  schools,  that 
such  child  is  not  in  proper  physical  or  mental  condition  to  attend 
school.  Provided,  further,  that  the  provisions  of  this  act  shall  not 
apply  to  any  child  between  fourteen  and  sixteen  years  of  age  for 
whom  an  employment  certificate  may  have  been  issued  in  accord- 
ance with  the  provisions  of  the  child  labor  law. 

§  179.— Penalty  for  Failure  to  Comply  With  Act — Any  parent, 
guardian  or  other  person  having  the  custody,  control  or  supervision 


78  '  School  Laws  of  Kentucky. 

of  any  child  embraced  within  the  provisions  of  this  act,  who  shall 
fail  to  comply  with  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  exceeding  twenty-five  ($25)  dollars  for  the  first  offense, 
and  for  any  subsequent  offense,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  ($100)  dollars,  or  by 
imprisonment  in  the  county  jail  for  any  period  not  exoeeding  fifty 
days,  or  both  so  fined  and  imprisoned,  in  the  discretion  of  the  court. 

§  180. — Evasion  by  False  Statement — Penalty — Defense — Any 
parent,  guardian,  or  other  person  having  the  custody,  control  or 
supervision  of  any  child,  embraced  within  this  act,  who  with  the 
intent  to  evade  the  provisions  of  this  act,  shall  make  a  false  state- 
ment concerning  the  age  of  such  child  or  the  time  such  child  has 
attended  school,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100)  dollars,  or  by  imprisonment  in  the  county  jail  for 
a  period  not  exceeding  fifty  days,  or  both  so  fined  and  imprisoned 
in  the  discretion  of  the  court.  Any  parent,  guardian,  or  other  per- 
son having  the  custody,  control  or  supervision  of  any  child  em- 
braced within  this  act,  who  shall  be  proceeded  against  under  this 
act,  may  prove  in  defense  that  he  is  unable  to  compel  the  child 
under  his  control  to  attend  school,  and  he  may  be  thereupon  dis- 
charged from  liability,  and  such  child  shall  be  proceeded  against  as 
a  delinquent  child  under  the  statutes  in  such  cases  made  and  pro- 
vided. 

§  181. — Record  of  Age — A  passport,  a  duly  attested  transcript 
of  the  certificate  of  birth  or  baptism,  a  certified  copy  under  oath  of 
a  record  in  the  family  Bible,  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child  shall  be  produced  as  proof  of 
age.  In  case  such  certificate  or  record  as  hereinabove  provided  can 
not  be  secured,  upon  proof  of  such  fact,  the  record  of  the  age  stated 
in  the  first  school  enrollment  to  be  found  shall  be  considered  as 
evidence  thereof.  If  there  be  no  school  enrollment  showing  such 
fact,  other  evidence  as  to  the  age  of  said  child  may  be  considered. 

§  182. — Fines  and  Penalties  to  be  Used  to  Pay  Officers — Any 
fines  or  penalties  provided  for  in  this  act  shall  be  for  the  use  of  the 
public  schools  of  the  city  in  which  such  child  resides.  Any  such 
fine  or  penalty  may  be  recovered  by  rule  or  in  any  Avay  in  which  a 
court  of  equity  may  enforce  its  orders  or  decrees. 


School  Laws  of  Kentucky,  79 

§  183. — Appointment  of  Truant  Officers — Qualifications — Ex- 
amination of  Truant  Officers — Compensation — Chief  Truant  Officer 
May  Be  Appointed — In  the  first  week  of  July  in  each  year  the 
board  of  education  in  each  city  of  the  first,  second,  third  and 
fourth  classes  shall  appoint  at  least  one  person  for  each  ten  thous- 
and (10,000)  children,  enrolled  in  the  school  census,  to  serve  as 
truant  officers,  whose  term  of  office  shall  be  during  the  pleasure 
of  the  board  appointing  him,  who  may  be  removed  at  any  time  by 
said  board  for  cause  and  whose  duties  shall  be  limited  to  the  city 
where  the  appointment  is  made.  If  in  any  such  city  there  shall  be 
less  than  ten  thousand  (10,000)  children  enrolled  in  the  school 
census,  there  shall  be  appointed,  as  above,  one  truant  officer.  Said 
truant  officers  shall  be  residents  of  the  city  in  which  they  are  ap- 
pointed, and  of  good  moral  character.  They  must  be  able  to  read 
and  write  with  ease.  In  cities  of  the  first  class  such  truant  officers 
shall  not  engage  in  any  other  occupation  during  such  period  of  time 
as  the  schools  are  in  session  each  year.  Before  they  shall  be  elig- 
ible for  appointment,  all  applicants  for  the  position  of  truant  officer 
shall  be  examined  by  the  superintendent  of  schools,  who  shall  cer- 
tify to  the  Board  of  Education  only  such  persons  qualified  as  here- 
in provided.  Such  truant  officer  shall  receive  from  the  tax  levy  for 
school  purposes  of  such  cities  not  less  than  one  ($1.00)  dollars,  nor 
more  than  three  ($3.00)  dollars  per  day  during  such  period  of  time 
as  he  may  be  employed  by  the  school  board.  In  cities  of  the  first 
and  second  class,  the  Board  of  Education  may  appoint  a  chief  tru- 
ant officer  in  addition  to  the  truant  officer  or  officers  herein  pro- 
vided for  or  may  designate  one  of  the  truant  officers  as  provided  for 
as  chief  truant  officer  and  shall  be  authorized  to  pay  such  chief  tru- 
ant officer  a  salary  of  not  exceeding  twelve  hundred  ($1,200)  dollars 
per  year,  to  be  fixed  by  said  board.  It  shall  be  the  duty  of  the 
chief  truant  officer,  under  the  general  direction  of  the  superintend- 
ent of  city  schools  to  supervise,  control,  and  direct  the  work  of  all 
truant  officers  appointed  in  such  city.  Such  chief  truant  officer  shall 
cause  to  be  made  and  fully  kept,  reports  from  all  truant  officers, 
principals  and  teachers  of  the  workings  of  this  act  and  shall  be  di- 
rectly charged  with  the  duty  of  seeing  that  the  provisions  of  this 
act  are  complied  with. 

§  184. — Duties  of  Truant  Officers — Truant  officers  shall  ex- 
amine into  any  case  of  truancy  within  the  city  or  district,  and  when. 


\ 


80  School  Laws  of  Kentuchy. 

from  personal  knowledge,  or  by  report  or  complaint  from  any  resi- 
dent or  teacher  of  the  city  or  district  it  appears  that  any  child,  sub- 
ject to  the  provisions  of  this  act,  is  absent  from  school  without  law- 
ful excuse,  and  in  violation  of  the  provisions  of  this  act,  or  is  per- 
sistently truant  from  school,  the  truant  officer  shall  immediately 
give  written  notice  to  the  parents,  guardian  or  person  having  the 
custody,  control  or  supervision  of  such  child  that  thfe  attendance 
of  such  child  is  required,  and  if  such  parent,  guardian  or  person 
having  the  custody,  control  or  supervision  of  such  child  does  not 
comply  immediately  with  the  provisions  of  this  act,  then  such  tru- 
ant officer  shall  proceed  against  such  child  as  a  delinquent  child,  and 
against  such  parents,  guardian  or  person  having  the  custody,  con- 
trol or  supervision  of  such  child  for  violation  of  this  act  and  for 
contributing  to  such  condition  of  delinquency  in  such  child.  It  shall 
be  the  duty  of  all  truant  officers  to  report  all  violations  of  the  child 
labor  law  of  which  they  have  any  knowledge.  In  cities  having  a 
chief  truant  officer  such  report  shall  be  made  by  such  chief  truant 
officer  and  in  cities  having  no  chief  truant  officer  such  reports  shall 
be  made  by  truant  officers  to  the  superintendent  of  city  schools. 
All  such  violations  aforesaid  shall  be  promptly  reported  by  the 
Superintendent  of  Schools  or  chief  truant  officer,  as  the  case  may  be, 
to  the  Labor  Inspector. 

§  185. — Jurisdiction — The  county  court  of  the  respective  coun- 
ties of  the  Commonwealth  shall  have  exclusive  jurisdiction  of  all 
cases  coming  within  the  terms  and  provisions  of  this  act. 

§  186. — School  Officers  to  Report — Truant  Officers  under  Su- 
pervision of  City  Superintendent — All  school  officers  and  teachers 
are  hereby  required  to  make  and  furnish  upon  demand,  any  report 
that  may  be  required  by  the  Superintendent  of  Public  Instruction, 
or  by  the  Superintendent  of  Public  Schools  of  cities  of  the  first, 
second,  third  and  fourth  classes,  with  reference  to  the  workings  of 
this  act,  and  all  truant  officers  appointed  under  this  act  shall  keep 
a  full  record  of  the  work  done  by  them,  in  books  to  be  furnished 
them  for  that  purpose  by  the  State  Superintendent  of  Public  In- 
struction. The  Superintendent  of  Public  Instruction  shall  make 
and  publish  an  annual  report  of  the  workings  of  this  act.  Such 
truant  officers  shall  be  under  the  direct  supervision  and  control  of 
the  City  Superintendent  of  Schools  and  shall  report  to  teachers, 
principals  or  other  persons  as  directed   by  him  and   each  City  Su- 


I 


School  Laws  of  Kentucky,  81 

perintendent  of  Schools  shall  compile  and  publish  an  annual  report 
of  the  work  of  the  truant  officer  or  officers  under  this  act. 

§  187. — List  of  Children  of  School  Age  to  Be  Furnished  Each 
Principal — During  the  month  of  August  in  each  year  the  Superin- 
tendent of  Public  Schools  of  cities  of  the  first,  second,  third  and 
fourth  classes  shall  furnish  or  cause  to  be  furnished  by  the  truant 
officer  or  officers  of  said  city  to  the  principal  of  each  school  in  their 
respective  cities  a  list  of  all  children  between  the  ages  of  seven  and 
sixteen  years  entitled  to  attend  said  school,  in  such  form  as  may 
be  adopted  by  such  Superintendent.  Said  list  shall  be  arranged  in 
such  form  as  such  Superintendent  may  prescribe,  shall  contain  the 
name  and  age  of  each  child,  the  name  and  address  of  such  child's 
parents,  guardian  or  person  having  the  custody,  control  or  super- 
vision, and  such  other  facts  as  may  be  required  by  the  Superintend- 
ent of  Public  Instructions,  or  Superintendent  of  Schools  of  the  city 
of  the  first,  second,  third  and  fourth  classes. 

§  188. — Names  of  Absentees  to  be  Reported  to  Truant  Officers 
— Duty  of  Truant  Officers  to  Report  Names  of  Children  Not  At- 
tending— The  principal  of  each  school  in  cities  of  the  first,  second, 
third  and  fourth  classes  shall  report  each  day,  if  possible,  or  at  such 
times  as  he  may  be  directed  by  the  Superintendent  of  Schools  dur- 
ing such  period  of  time  as  the  schools  are  in  session  each  year  in 
the  respective  cities,  to  the  Suprintendent  of  Public  Schools  in  the 
city  in  which  such  school  is  situated,  or  to  a  truant  officer,  if  so 
directed  by  the  Superintendent,  the  name  and  address  of  each  child 
who  has  been  absent  from  school  without  lawful  excuse,  or  who  is 
persistently  truant  from  school,  together  with  the  name  of  such 
child's  parent  or  parents,  guardian  or  persons  having  the  custody, 
control  or  supervision  of  such  child,  and  it  shall  be  the  duty  of  the 
truant  officer  to  whom  such  report  is  made,  immediately  upon  the 
receipt  of  same  to  make  or  cause  to  be  made  an  examination  into 
the  cases  of  absence  or  truancy  contained  in  such  reports  and  to 
take  any  and  all  needful  steps  as  provided  herein  under  the  stat- 
utes of  this  States,  to  compel  such  child  to  attend  school,  and  in 
cities  where  a  chief  truant  officer  has  been  designated  or  appointed 
such  officer  shall  file  a  wirtten  report  once  each  month  with  the 
City  Superintendent  of  schools  of  all  the  work  done  by  such  chief 
truant  officer  and  his  assistants  and  in  cities  where  no  chief  truant 
officer  is  designated  each  truant  officer  appointed  shall  file  with  the 


82  School  Laws  of  Kentucky. 

City  Superintendent  of  Schools  each  month  a  written  report  of  his 
work  done  in  the  discharge  of  his  duties  as  set  out  herein. 

§  189.— Parental  or  Truant  Schools— The  Board  of  Trus- 
tees, Board  of  Education,  School  Board  or  Board  of  Com- 
missioners, as  the  case  may  be,  of  any  city  of  the  first  or  second 
class,  are  hereby  authorized  and  empowered  to  equip,  maintain  and 
conduct  one  or  more  parental  or  truant  schools  for  th^  purpose  of 
affording  a  place  where  children  of  compulsory  school  age,  and 
coming  within  the  provisions  of  this  act,  and  of  the  statutes  of  this 
State,  concerning  neglected,  dependent  and  delinquent  children, 
may  be  detained  for  the  purpose  of  discipline  and  instruction  here- 
inafter provided. 

§  190. — Location  of  Schools — Such  school  or  schools  may  be 
located  either  within  or  without  the  corporate  limits  of  the  city  ;  pro- 
vided, however,  that  such  school  or  schools  shall  not  be  located  out- 
side of  the  county  in  which  such  city  is  located,  and  provided, 
further,  that  no  such  school  shall  be  located  at,  or  near  any  penal 
institution. 

§  191. — Religious  Instruction  and  Attendance  Upon  Religious 
Service — No  religious  instruction  shall  be  given  in  such  school  or 
schools  except  as  is  allowed  by  law  to  be  given  in  public  schools, 
but  the  Board  of  Trustees,  Board  of  Education,  School  Board  or 
School  Commissioners,  as  the  case  may  be,  shall  make  suitable 
regulations  so  that  inmates  shall  receive  religious  training  in  ac- 
cordance with  the  belief  of  such  children's  parents  or  guardian, 
either  by  allowing  such  religious  services  to  be  held  in  such  institu- 
tion or  by  arranging  for  the  attendance  of  public  service  elsewhere. 

§  192. — Child  Committed  to  School  May  be  Returned  Home  on 
Probation — Any  child  committed  to  such  school,  or  schools,  upon 
an  order  duly  entered  by  the  County  Court,  may  be  allowed  to  re- 
turn home  upon  probation  and  to  remain  while  upon  probation, 
subject  to  the  friendly  visitation  and  supervision  of  a  probation 
officer  of  said  County  Court,  and  subject  at  any  time  to  be  returned 
to  such  school  if  said  child,  in  the  opinion  of  the  County  Court,  shall 
violate  the  terms  and  conditions  of  its  probation.  No  child  shall  be 
released  upon  probation  in  less  than  four  weeks  from  the  time  of 
his  or  her  committment,  nor  thereafter,  unless  the  court  shall  be 
satisfied  that  said  child,  who  is  probationed,  will  attend  regularly 
some  public  or  private  school  as  herein  provided.  If  any  child  so 
released  upon  probation  shall  be  regular  in  his  or  her  attendance  in 


School  Latvs  of  Kentucky.  83 

school,  and  his  or  her  conduct  as  a  pupil  shall  be  satisfactory  for  a 
period  of  one  year  from  the  date  upon  which  she  or  he  was  released 
upon  probation,  he  or  she  shall  be  finally  discharged  from  such 
parental  or  truant  school,  and  shall  not  be  recommitted  thereto,  ex- 
cept in  a  subsequent  proceeding-  undertaken  according  to  the  pro- 
visions of  this  act,  and  to  the  statutes  of  his  State,  concerning 
neglected,  dependent  and  delinquent  children. 

§  193. — Penalty  For  Violation  o£  Conditions  of  Probation — Any 
child  released  from  said  school  or  schools  upon  probation  as  herein 
provided,  who  shall  violate  the  conditions  of  his  or  her  probation 
any  time  within  one  year  thereafter,  shall,  upon  the  order  of  the 
County  Court,  be  returned  to  such  parental  or  truant  school,  and 
shall  not  again  be  released  upon  probation  within  a  period  of  three 
months  from  the  date  of  such  re-entering;  and  if  such  child  shall 
violate  the  conditions  of  a  second  release  upon  probation  he  or  she 
shall  be  recommitted  to  such  school  and  shall  not  be  released  there- 
fiom  on  probation  until  he  or  she  shall  have  remained  in  such 
school  one  year. 

§  194. — Rules  and  Regulations — The  Board  of  Trustees,  Board 
of  Education,  School  Board,  or  School  Commissioners,  as  the  case 
may  be,  of  cities  of  the  first  or  second  class,  may  establish  any  rules 
or  regulations  concerning  such  schools  not  inconsistent  with  this 
act  or  the  Constitution  or  laws  of  this  State. 


CHAPTER  XV. 

THE  CHILD  LABOR  LAW 
(ACT  AMENDED  1910) 

<5,  195. — Child  under  Fourteen  shall  not  be  Employed  During 
School  Term — No  child  under  fourteen  years  of  age  shall  be  em- 
ployed, permitted  or  suffered  to  work  in  or  in  connection  with  any 
factory,  workshop,  mine,  mercantile  establishment,  store,  business 
office,  telegraph  office,  restaurant,  hotel  apartment  house  or  in  the 
flistribution  or  transmission  of  merchandise  or  messages.  It  shall 
l-e  unlawful  for  any  person,  firm  or  corporation  to  employ  any 
child  under  fourteen  years  of  age  in  any  business  or  service  what- 
ever, during  any  part  of  the  term  during  which  the  public  schools 
of  the  district  in  which  the  child  resides  are  in  session. 


84  School  Laws  of  Kentucky. 

§  196. — Child  Between  Fourteen  and  Sixteen  May  be  Employed 
Under  Certain  Conditions — Labor  Inspector — Duties  under  Act — 
Evidence  of  Child's  Age  to  be  Produced — No  child  between  four- 
teen and  sixteen  years  of  age  shall  be  employed,  permitted  or  suf- 
fered to  work  in  or  in  connection  with  any  factory,  workshop,  mine, 
mercantile  establishment,  store,  business  office,  telegraph  office, 
restaurant,  hotel,  apartment  house,  or  in  the  distribution  or  trans- 
mission of  merchandise  or  messages  unless  the  person  or  corpora- 
tion employing  him  procures  and  keeps  on  file  and  accessible  to  the 
truant  officers  of  the  town  or  city,  and  to  the  Labor  Inspector,  an 
employment  certificate  as  hereinafter  prescribed,  and  keeps  two 
complete  lists  of  all  such  children  employed  therein,  one  on  file  and 
one  conspicuously  posted  near  the  principal  entrance  of  the  building 
in  which  such  children  are  employed.  On  termination  of  the  em- 
ployment of  a  child  so  registered,  and  whose  certificate  is  so  filed, 
such  certificate  shall  forthwith  be  surrendered  by  the  employer  to 
the  child  or  its  parent  or  guardian  or  custodian.  The  Labor  Inspec- 
tor may  make  demand  on  an  employer  in  whose  establishment  a 
child  apparently  under  the  age  of  sixteen  years  is  employed  or 
permitted  or  suffered  to  work,  and  whose  employment  certificate 
is  not  then  filed  as  required  by  this  act,  that  such  employer  shall 
either  furnish  him  within  ten  days,  evidence  satisfactory  to  him 
that  such  child  is  in  fact  over  sixteen  years  of  age,  or  shall  cease 
to  employ,  or  permit  or  suffer  such  child  to  work  therein.  The 
Labor  Inspector  may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  on  the  issuance  of  an  employ- 
ment certificate,  and  the  employer  furnishing  such  evidence  shall 
not  be  required  to  furnish  any  further  evidence  of  the  age  of  the 
child.  In  case  such  employer  shall  fail  to  produce  and  deliver  to 
the  Inspector  within  ten  days  after  such  demand  such  evidence  of 
the  age  herein  required  of  him,  and  thereafter  continue  to  employ 
such  child,  or  permit  or  suffer  such  child  to  work  in  such  establish- 
ment, proof  of  the  giving  of  such  notice  and  of  such  failure  to  pro- 
duce and  file  such  evidence  shall  be  prima  facie  evidence  in  any 
prosecution  brought  for  violation  of  the  provision  that  such  child  is 
under  sixteen  years  of  age  and  is  unlawfully  employed. 

§  197. — Employment  certificates  shall  be  issued  only  by  the 
Superintendent  of  Schools  or  by  a  person  authorized  by  him  in 
writing,  acting  in  his  name.    Where  there  is  no  local  Superintend- 


School  Laws  of  Kentucky,  85 

ent  of  Schools,  they  shall  be  issued  by  the  County  Superintendent 
of  Schools  or  by  a  person  so  authorized  by  him. 

§  198. — Certificates  not  to  be  Issued  until  Certain  Papers  are 
Filed — Personal  Examination  of  Child — The  person  authorized  to 
issue  employment  certificates  shall  not  issue  such  certificates  until 
he  has  received,  examined,  approved,  and  filed  the  following  papers 
duly  executed:  (1)  The  school  record  of  such  child  properly 
filled  out  and  signed  as  provided  hereinbelow.  (2.)  A  passport  or 
duly  attested  transcript  of  the  certificate  of  birth  or  baptism  or 
other  religious  record,  showing  the  date  and  place  of  birth  of  such 
child.  A  duly  attested  transcript  of  the  birth  certificate  filed  ac- 
cording to  law  with  any  officer  charged  with  the  duty  of  recording 
births,  shall  be  sufficient  evidence  of  the  age  of  such  child.  (3.) 
The  affidavit  of  the  parent,  guardian  or  custodian  of  a  child,  which 
shall  be  required,  however,  only  in  case  such  last  mentioned  tran- 
script of  the  certificate  of  birth  be  not  produced  and  filed,  showing 
the  place  and  date  of  birth  of  such  child,  which  affidavit  must  be 
taken  before  the  officer  issuing  employment  certificates,  who  is 
hereby  authorized  and  required  to  administer  such  oath,  and  who 
shall  not  demand  or  receive  a  fee  therefor.  Such  employment  cer- 
tificate shall  not  be  issued  until  such  child  has  personally  appeared 
before  and  been  examined  by  the  officer  issuing  the  certificates,  and 
until  such  officer  shall,  after  making  examination,  file  and  sign  in 
his  office  a  statement  that  the  child  can  read  and  legibly  write 
simple  sentences  in  the  English  language,  and  that  in  his  opinion 
the  child  is  fourteen  years  of  age  or  upward,  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in  sound  health  and 
is  physically  able  to  perform  the  work  which  it  Intends  to  do.  In 
doubtful  cases  such  physical  fitness  shall  be  determined  by  a  medi- 
cal officer  of  the  board  or  department  of  health,  or  by  the  county 
physician.  Every  employment  certificate  shall  be  signed  in  the 
])resence  of  the  child  In  whose  name  It  Is  Issued.  The  Superintend- 
ent of  schools  In  any  city,  town,  county,  or  district,  wherever  there 
is  one,  and  where  there  is  none,  then  the  County  Superintendent 
shall,  between  the  first  and  tenth  days  of  each  month,  transmit  to 
the  office  of  the  Labor  Inspector,  a  report,  which  report  shall  give, 
(I)  the  name  of  each  child  to  whom  a  certificate  has  been  Issued  in 
the  previous  month,  together  with  the  date  of  birth  of  such  child; 
and  (2)  the  name  of  each  child  to  whom  a  certificate  has  been  re- 


86  School  Laivs  of  Kentucky. 

fused  in  the  previous  month,  together  with  the  ground  for  such 
refusal.  A  refusal  or  failure  to  transmit  such  report  by  any  person 
charged  under  this  section  with  the  duty  of  transmitting  same  to 
the  Labor  Inspector  shall  constitute  a  misdemeanor  punishable  by  a 
fine  of  not  more  than  twenty-five  nor  less  than  five  dollars,  to  be 
disposed  of  as  provided  in  Section  212  of  this  law. 

§  199. — Certificate  to  Describe  Child,  etc. — Such  certificate,  shall 
state  the  date  and  place  of  birth  of  the  child,  and  describe  the  color 
cf  the  hair  and  eyes,  the  height  and  weight  and  any  distinguishing 
facial  marks  of  such  child,  and  that  the  papers  required  by  the  pre- 
ceding section  have  been  duly  examined,  approved  and  filed  and  that 
the  child  named  in  such  certificate  has  appeared  before  the  officer 
signing  the  certificate  and  has  been  examined. 

§  200.— School  Record;  What  it  Shall  Contain— Procedure  in 
Case  School  Record  Can  not  be  Obtained — ^The  school  record  above 
mentioned  shall  be  signed  by  the  principal  or  chief  teacher  of  the 
school  which  such  child  has  last  attended  and  shall  be  furnished, 
on  demand,  to  a  child  entitled  thereto.  It  shall  contain  a  statement 
certifying  that  the  child  has  regularly  attended  the  public  school  or 
schools  equivalent  thereto  or  parochial  school  for  not  less  than  one 
hundred  days  during  the  school  year  previous  to  his  arriving  at  the 
age  of  fourteen  years  or  during  the  year  previous  to  applying  for 
such  school  records  and  is  able  to  read  and  write  simple  sentences 
in  the  English  language,  and  has  received  during  such  period  in- 
struction in  reading,  spelling,  writing  and  geography  and  is  familiar 
with  the  fundamental  operations  of  arithmetic  up  to  and  including 
common  fractions.  Such  school  record  shall  also  give  the  age  and 
residence  of  the  child,  as  shown  on  the  records  of  the  school  and 
the  name  of  its  parent,  or  guardian  or  custodian :  Provided,  That 
upon  the  filing  with  the  person  authorized  to  issue  employment 
certificates  of  the  affidavit  of  the  applicant  or  of  his  or  her  parent, 
guardian  or  custodian,  showing  that  diligent  effort  has  been  made 
to  obtain  the  school  record  hereby  required  and  that  it  can  not  be 
obtained,  then  the  person  authorized  to  issue  the  certificate  may 
issue  such  a  certificate  without  having  received  such  school  record, 
but  it  shall  be  his  duty,  in  such  case,  to  examine  the  applicant  as 
to  his  or  her  proficiency  in  each  of  the  studies  mentioned  in  this 


School  Laws  of  Kentucky.  87 

section ;  and  in  such  case  the  employment  certificate  shall  show 
that  such  examination  was  had  in  lieu  of  the  filing  of  the  school 
record. 

<J  201. — Names  of  Children  to  whom  Certificates  have  been 
granted,  Furnished  to  Inspector — The  local  board  of  education  or 
the  school  board  of  a  city,  town  or  district,  as  the  case  may  be, 
shall  transmit  between  the  first  and  tenth  of  each  month,  to  the 
office  of  the  Labor  Inspector,  a  list  of  the  names  of  the  children  to 
whom  certificates  have  been  issued  during  the  previous  month. 

<^  202. — Duties  of  Employer — No  person  under  the  age  of  six- 
teen years  shall  be  employed  or  suffered  or  permitted  to  work  at 
any  gainful  occupation  more  than  sixty  hours  in  any  one  week,  not 
more  than  ten  hours  in  any  one  day;  or  before  the  hour  of  seven 
o'clock  in  the  morning  or  after  the  hour  of  seven  in  the  evening. 
Every  employer  shall  post  in  a  conspicuous  place  in  every  room 
where  such  minors  are  employed  a  printed  notice,  stating  the  hours 
required  of  them  each  day  of  the  week,  the  hours  of  commencing 
and  stopping  work  and  the  hours  when  the  time  or  times  allowed 
for  dinner  or  for  other  meals  begin  and  end.  The  printed  form  of 
such  notice  shall  be  furnished  by  the  State  Labor  Inspector,  and 
the  employment  of  any  minor  for  longer  time  in  any  day  so  stated 
shall  be  deemed  a  violation  of  this  section. 

§  203. — Penalties  for  Violation  of  Act — Whoever  employs  a 
child  under  sixteen  years  of  age,  and  any  parent,  guardian,  or  any 
adult  person  under  whose  care  or  control  a  child  under  such  age 
lives,  who,  permits  such  child  to  be  employed  in  violation  of  sec- 
tions 195,  196  or  202  of  this  act  shall,  for  such  oiTense,  be  fined  not 
more  than  fifty  dollars,  and  whoever  continues  to  employ  any  child 
in  violation  of  either  of  said  sections  of  this  act  after  being  notified 
by  a  truant  officer  or  a  labor  inspector  thereof,  shall,  for  every  day 
thereafter  that  such  employment  continues,  be  fined  not  less  than 
five  nor  more  than  twenty  dollars.  A  failure  to  produce  to  a  truant 
officer  or  labor  inspector  any  employment  certificate  or  list  required 
by  this  act,  shall  be  prima  facie  evidence  of  the  illegal  employment 
of  any  person  whose  employment  certificate  is  not  produced,  or 
w^hose  name  is  not  so  listed.  Any  corporation  or  employer  retain- 
ing employment  certificates  in  violation  of  section  196  of  this  act 
shall  be  fined  ten  dollars.  Every  person  authorized  to  sign  the 
certificate  prescribed  by   section   199  of  this  ^gt,   who  knowingly 


School  Laws  of  Kentucky. 

certifies  to  any  materially  false  statement  therein  shall  be  fined  not 
more  than  fifty  dollars,  nor  less  than  ten  dollars. 

§  204.— Truant  Officers  to  Visit  Factories  and  Make  Report- 
Truant  officers  may  visit  factories,  work  shops,  mines  and  mercan- 
tile establishments  in  their  several  towns  and  cities  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to  the  provisions 
of  this  act,  and  they  shall  report  any  cases  of  such  illegal  employ- 
ment to  the  superintendent  of  schools  and  to  the  Labor  Inspector. 
Labor  inspectors  and  truant  officers  may  require  that  the  employ- 
ment certificates  and  lists  provided  for  in  this  act  of  minors  em- 
ployed in  such  factories,  work  shops,  mines  or  mercantile  establish- 
ments, shall  be  produced  for  their  inspection.  Complaints  for  of- 
fenses under  this  act  shall  be  brought  by  the  labor  inspector. 

§  205. — Certain  Employments  not  to  be  Engaged  in  by  Chil- 
dren— No  child  under  the  age  of  sixteen  years  shall  be  employed 
at  sewing  belts,  or  to  assist  in  sewing  belts,  in  any  capacity  what- 
ever, nor  shall  any  child  adjust  any  belt  to  any  machinery;  they 
shall  not  oil  or  assist  in  oiling,  wiping  or  cleaning  machinery;  they 
shall  not  operate  or  assist  in  operating  circular  or  band  saws,  wood 
shapers,  wood  joiners,  planers,  sandpaper  or  wood  polishing  ma- 
chinery, emery  or  polishing  wheels  used  for  polishing  sheet  metal, 
wood  turning  or  boring  machinery,  stamping  machines  in  sheet 
metal  and  tinware  manufacturing,  stamping  machine  in  washer 
and  nut  factories,  operating  corrugating  rolls,  such  as  are  used  in 
roofing  factories,  nor  shall  they  be  employed  in  operating  any 
steam  boiler,  steam  machinery,  or  other  steam  generating  appara- 
tus, or  as  pin  boys  in  any  bowling  alley ;  they  shall  not  operate  or 
assist  in  operating  dough  brakes,  or  cracker  machinery  of  any  de- 
scription, wire  or  iron  straightening  machinery,  nor  shall  they 
operate  or  assist  in  operating  rolling  mill  machinery,  punches  or 
shears,  washing  or  grinding  or  mixing  mills  or  calendar  rolls  in 
rubber  manufacturing,  nor  shall  they  operate  or  assist  in  operating 
laundry  machinery,  nor  shall  such  children  be  employed  in  any  ca- 
pacity in  preparing  any  composition  in  which  dangerous  or  poison- 
ous acids  are  used,  and  they  shall  not  be  employed  in  any  capacity 
in  the  manufacture  of  paints,  colors  or  white  lead,  nor  shall  they  be 
employed  in  any  capacity  whatever  in  operating  or  assisting  to 
operate  any  passenger  or  freight  elevator,  nor  shall  they  be  em- 
ployed in  any  capacity  whatever  in  the  manufacture  of  goods  for 


School  Laws  of  Kentucky,  89 

immoral  purposes,  nor  in  any  theatre,  concert  hall,  or  place  of 
amusement  wherein  intoxicating  liquors  are  sold,  nor  shall  females 
under  sixteen  years  of  age  be  employed  in  any  capacity  where  such 
employment  compels  them  to  remain  standing  constantly.  Nor 
shall  any  child  under  sixteen  years  of  age  be  employed  at  any  occu- 
pation dangerous  or  injurious  to  health  or  morals,  or  to  lives  or 
limbs,  and  as  to  these  matters  the  decision  of  the  county  physician 
or  city  health  officer,  as  the  case  may  be,  shall  be  final. 

§  206. — Dangerous  Machinery  to  be  Guarded — It  shall  be  the 
duty  of  the  owner  of  any  manufacturing  establishment,  where  any 
person  under  sixteen  years  of  age  is  employed,  his  agents,  superin- 
tendents or  other  persons  in  charge  of  same,  to  furnish  and  supply, 
when  practicable,  or  cause  to  be  furnished  and  supplied  to  him,  belt 
shifters  or  other  safe  mechanical  contrivance  for  the  purpose  of 
throwing  belts  on  or  off  pulleys;  and,  whenever  practicable,  ma- 
chinery therein  shall  be  provided  with  loose  belts.  All  vats,  pans, 
saws,  planes,  cogs,  gearing,  belting,  set  screws  and  machinery  of 
every  description  therein,  which  is  palpably  dangerous,  where  prac- 
ticable, shall  be  properly  guarded;  and  no  person  shall  remove  or 
make  ineffective  any  safeguard  around  or  attached  to  any  planer, 
saw,  belting,  shafting  or  other  machinery,  or  around  any  vat  or 
pan,  while  the  same  is  in  use,  unless  for  the  purpose  of  immediately 
making  repairs  thereto,  and  all  such  safeguards  shall  be  promptly 
replaced.  No  person  under  eighteen  years  of  age  shall  be  allowed 
to  clean  machinery  while  in  motion. 

§  207. — Suitable  Washrooms  and  Closets  to  be  Supplied — Suit- 
able and  proper  washrooms  and  water  closets  shall  be  provided  in 
each  manufacturing  establishment,  where  any  person  under  sixteen 
years  of  age  is  employed,  and  such  water  closets  shall  be  properly 
screened  and  ventilated  and  be  kept  at  all  times  in  a  clean  condi- 
:ion ;  and  if  girls  under  sixteen  years  of  age  be  employed  in  any  such 
establishment,  the  water  closet  shall  have  separate  approaches  and 
»e  kept  separate  and  apart  from  those  used  by  men.     All  closets 
jhall  be  kept  free  from  obscene  writing  and  marking.     A  dressing 
•oom  shall  be  provided  for  such  girls  when  the  nature  of  their  work 
is  such  as  to  require  any  change  of  clothing. 

^  208.— Seats  to  be  Provided  for  Use  of  Girls— Every  person, 
irm,  corporation,  association,  individual  or  partnership  employing 
girls  under  sixteen  years  of  age  in  any  manufacturing,  mechanical 


90  School  Laws  of  Kentucky. 

or  mercantile  industry,  laundry,  workshop,  renovating  works,  or 
printing  offices  in  this  Commonwealth,  shall  provide  seats  for  the 
use  of  the  girls  so  employed,  and  shall  permit  the  use  of  such  by 
them  when  not  necessarily  engaged  in  the  active  duties  for  which 
they  are  employed. 

§  209. — The  walls  and  ceiling  of  each  room  in  every  manufactur- 
ing establishment  where  any  person  under  sixteen  years  of  age  is 
employed  shall  be  lime-washed  or  painted,  when,  in  the  opinion  of 
the  labor  inspector,  it  shall  be  conducive  to  the  health  or  cleanliness 
of  the  persons  working  therein. 

§  210. — Grand  Juries;  Powers — Grand  juries  shall  have  inquisi- 
torial powers  to  investigate  violations  of  this  act;  also  shall  county 
judges  and  circuit  judges,  and  judges  of  the  circuit  courts  of  the 
vState  shall  specially  charge  the  grand  jury  at  the  beginning  of  each 
term  of  the  court  to  investigate  violations  of  this  act. 

§  211. — Act  to  be  Posted  in  Certain  Establishments — A  copy  of 
this  act  shall  be  conspicuously  posted  and  kept  in  each  workroom 
of  every  manufacturing  establishment,  mill,  mine  or  workshop  or 
mercantile  or  printing  establishment,  theatre,  bowling  alley,  tele- 
graph, telephone  or  public  messenger  company  or  laundry  in  this 
Commonwealth. 

§  212. — Penalty  for  Violation  of  Act — Any  adult  person  who 
violates  any  of  the  provisions  of  this  act,  or  who  suffers  or  permits 
any  child  to  be  employed  in  violation  of  its  provisions,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction,  unless  other- 
wise herein  expressly  provided,  shall  be  punished  by  a  fine  of  not 
more  than  fifty  dollars  and  not  less  than  twenty-five  dollars  for  the 
first  offense,  and  for  each  subsequent  offense  by  imprisonment  for 
not  more  than  ninety  days  and  not  less  than  ten  days  or  by  a  fine 
of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  or 
by  both  fine  and  imprisonment.  Every  fine  imposed  under  this  law 
shall  enure  to  the  benefit  of  the  public  schools  in  the  city,  county, 
town  or  district  in  which  the  violation  may  have  occurred ;  and  the 
court  imposing  such  fine  shall  promptly  cause  same  to  be  paid  over 
to  the  proper  school  authorities  entitled  to  receive  other  moneys 
accruing  to  said  schools. 

§  213.— Act  not  to  become  Effective  until  September  First,  1908 
— Whereas,  there  are  many  children  between  the  ages  of  fourteen 
and  sixteen  now  in  employments  for  which  employment  certificate 


School  Laws  of  Kentucky,  91 

is  required  by  this  act;  now,  therefore,  in  order  to  provide  ample 
time  for  compliance  herewith  by  obtaining  the  proof  of  birth  and 
the  school  record  herein  required,  it  is  hereby  enacted  that  the  pro- 
visions of  this  act  as  to  the  requirement  of  an  employment  certifi- 
cate shall  not  go  into  effect  until  the  first  day  of  September,  nineteen 
hundred  and  eight.  And,  whereas,  there  are  some  children  between 
the  ages  of  fourteen  and  sixteen  who  are  now  in  employment  for 
which  an  employment  certificate  is  required  by  this  act,  who  can 
not  comply  with  the  educational  test  established  by  this  act,  and 
who  would  find  it  a  real  hardship  to  be  thus  expelled  from  their 
employment  without  a  full  opportunity  to  prepare  themselves  for 
that  test;  now,  therefore,  it  is  hereby  enacted  that  the  requirement 
of  the  filing  of  a  school  record,  or  of  mental  examination  in  default 
thereof,  as  a  prerequisite  to  the  issuance  of  an  employment  certifi- 
cate, shall  not  be  effective  until  the  first  day  of  September,  nineteen 
hundred  and  nine;  but  from  the  first  day  of  September,  1908,  to 
the  first  day  of  September,  1909,  employment  certificates  shall  be 
issued  to  children  between  the  ages  of  fourteen  and  sixteen  years 
upon  the  proof  of  birth  and  of  physical  fitness  required  by  section 
197  hereof. 

<^  214. — Act  of  1906  Repealed — This  act  shall  operate  and  be 
constructed  as  a  repeal  of  an  act,  entitled  "An  act  to  make  it  unlaw- 
ful to  employ  a  child  less  than  fourteen  years  of  age  in  workshops, 
mines,  mills  or  factories  in  this  Commonwealth,  and  fixing  the  pen- 
alty," approved  March  12,  1902,  and  as  a  repeal  of  an  act,  entitled, 
"An  act  to  amend  an  act,  entitled  *an  act  to  make  it  unlawful  to  em- 
ploy a  child  less  than  fourteen  years  of  age  in  workshops,  mines  or 
factories,'  and  to  regulate  the  employment,  use  and  protection  of 
child  labor  in  mills,  mines,  factories,  etc."  approved  March  17,  1906, 
and  all  other  laws  and  parts  of  laws,  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

CHAPTER  XVI. 

PUBLIC  SCHOOLS   IN  CITIES  OF  THE  FIRST  CLASS. 

§  215. — Board  of  Education  Election — Every  city  in  this  State 
of  the  first  class  shall  be  and  constitute  a  single  school  district,  and 
the  supervision  and  government  of  common  schools,  kindergarten. 


92  School  Laws  of  Kentucky, 

high  schools,  manual  training  schools  and  normal  schools  and  all 
such  school  property  therein  shall  be  vested  in  a  board  of  five  mem- 
bers to  be  known  as  the  "Board  of  Education  of  , 
Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  inserted). 
Such  Board  of  Education  shall  be  a  body  corporate  and  shall,  by 
and  in  said  name,  sue  and  be  sued,  purchase,  receive,  hold  and  sell 
property,  do  all  things  necessary  to  accomplish  the  purpose  for 
v/hich  such  school  district  is  organized,  and  succeed  to  all  the 
property,  rights  and  privileges  granted  to  and  belonging  to  any 
previous  School  Board  of  such  city:  Provided,  that  all  pending 
suits  in  which  any  such  previous  School  Board  is  a  party,  may  be 
prosecuted  to  an  end  in  the  name  of  such  party. 

§  216. — Powers  and  Duties — Every  such  Board  of  Education 
shall  have  exclusive  control  of  the  common  schools,  including  kin- 
dergartens, high  schools,  manual  training  schools  and  normal 
schools  as  hereinafter  provided,  and  of  common  school  property  in 
such  city;  shall  exercise  generally  all  powers  in  the  administration 
of  the  common  school  system  therein,  appoint  such  officers,  agents 
and  employes  as  it  may  deem  necessary  and  proper  and  fix  their 
compensation ;  and  shall  have  power  to  fix  the  time  of  its  meetings, 
to  make,  amend  and  repeal  rules  and  by-laws  for  its  meetings  and 
proceedings,  for  the  government,  regulation  and  management  of 
the  common  schools  and  school  property  in  such  city,  for  the  trans- 
action of  its  business,  and  for  the  examination,  qualification  and 
employment  of  teachers,  which  rules  and  by-laws  shall  be  binding 
on  such  Board  of  Education  and  all  parties  dealing  with  it  until 
formally  repealed  by  an  affirmative  vote  of  four  members  of  said 
Board.  To  provide  for  special  and.  standing  committees,  and  to 
certify  to  the  General  Council  the  amount  of  money  necessary  for 
the  maintenance  and  improvement  of  the  schools  as  hereinafter  pro- 
vided, and  to  purchase  and  hold  all  property,  real  and  personal, 
necessary  for  the  purposes  of  public  education,  to  build  and  con- 
struct improvements  for  such  purposes,  and  to  hold  or  sell  the 
same. 

§  217. — Real  Estate — Power  to  Purchase  or  Condemn — It  shall 
also  have  power,  when  unable  to  contract  with  the  owner  of  any 
real  estate  necessary  to  the  proper  accomplishment  of  the  purpose 
for  which  said  Board  is  created,  to  institute  condemnation  proceed- 
ings in  accordance  with  the  law  governing  railroad  corporations 


School  Laws  of  Kentucky,  93 

incorporated  under  the  laws  of  this  Commonwealth;  and  to  have  in 
such  proceedings  the  same  rights,  powers,  privileges  and  restric- 
tions as  are  now  granted  to  or  conferred  upon  such  railroad  cor- 
porations. Such  Board  of  Education  shall  have  all  the  powers  of 
ether  school  districts  under  the  laws  of  this  State,  except  as  herein 
provided. 

<§)  218. — Eligibility  of  Members  of  Board — No  person  shall  be 
eligible  to  the  office  of  member  of  the  Board  of  Education,  who  has 
not  attained  the  age  of  thirty  years  and  one  who  is  not  a  house- 
keeper or  is  not  the  owner  of  real  estate  in  said  city,  and  who  is  not 
a  citizen  of  and  a  bona  fide  resident  of  this  Commonwealth  and  of 
the  city  for  which  he  is  elected,  for  three  years  next  preceding  the 
election ;  or  who  holds  or  discharges  any  office,  deputyship  or  agen- 
cy under  the  city,  or  any  district  or  county,  or  under  the  State  of 
Kentucky,  or  any  department  thereof,  or  under  the  United  States 
or  any  foreign  government,  except  that  of  notary  public  or  militia 
officer  of  Kentucky.  No  person  shall  be  eligible  to  this  office  who, 
at  the  time  of  his  election,  is  directly  or  indirectly  interested  in  any 
contract  with  the  Board,  or  who  holds  any  office  of  trust  or  agency 
of  or  draws  a  salary  from  any  corporation  which  holds  any  contract 
with  the  Board,  or  whose  father,  son,  brother,  wife,  daughter  or 
sister  is  employed  as  teacher,  or  in  any  other  capacity  by  such 
Board,  or  in  any  of  the  public  schools,  or  who  is,  directly  or  indi- 
rectly, interested  in  the  sale  to  the  Board  of  books,  stationery,  or 
other  property.  If  he  shall,  after  election,  become  a  candidate  for 
any  office  or  agency  or  for  the  nomination  thereto,  the  holding  and 
discharging  of  which  would  have  rendered  him  ineligible  before 
election,  or  if  he  shall  remove  out  of  the  city  for  which  he  was 
chosen,  or  if  he  shall  do  or  incur  anything  which  would  have  ren- 
dered him  ineligible  for  election,  or  if  any  of  his  relatives  above 
specified  be  employed  by  the  Board,  his  office  shall,  without  further 
action,  be  vacant  and  it  shall  be  filled  as  directed. 

§  219. — Compensation  of  Members — No  compensation  shall  be 
paid  to  the  members  of  the  Board,  but  they  shall  be  exempt  from 
jury  duty  and  from  service  as  election  officers  during  their  term  of 
office. 

§  220.— Term  of  Office— The  members  of  said  Board  of  Educa- 
tion shall  be  elected,  except  as  specified  in  Section  221  of  this  Act,  for 
the  term  of  four  years  by  the  qualified  voters  of  such  city.    They 


94  School  Laws  of  Kentucky. 

shall  be  elected  from  the  city  at  large,  and  such  election  shall  be 
held  under  the  provisions  of  the  general  laws  governing  city  elec- 
t'ons,  so  far  as  they  are  not  inconsistent  v^ith  the  provisions  of  this 
Act. 

§  221. — Election  by  Secret  Ballot — General  Election  Law  to 
Control — All  elections  for  members  of  the  Board  of  Education  shall 
be  by  secret  ballot,  and  the  ballot  shall  be  on  a  separate  sheet  from 
all  other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of 
the  County  Clerk  of  any  county,  in  which  a  city  of  the  first  class  is 
situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  can- 
didates for  membership  of  the  Board  of  Education  of  such  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by  not  less 
than  four  hundred  electors  of  said  city.  The  petitions  must  be  filed 
in  the  office  of  the  County  Clerk  not  more  than  sixty  days  nor  less 
than  fifteen  days  before  the  day  of  election,  and  each  petition  must 
be  signed  by  the  requisite  number  of  qualified  persons,  and  shall 
show  the  place  of  residence  of  each  person  signing  it,  and  no  person 
shall  sign  more  petitions  than  the  number  of  offices  to  be  filled.  If 
the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  Where 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a 
vacancy,  he  shall  be  accepted  as  a  candidate  for  the  full  term.  Said 
ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  general 
election  law  of  the  State,  except  that  no  party  or  other  emblem  or 
distinguishing  mark  shall  be  placed  upon  said  ballot,  save  the 
words,  "School  Ticket"  at  the  head  thereof;  and  that  the  names  of 
all  candidates  for  membership  in  the  Board  of  Education  shall  be 
printed  on  said  ballot  in  a  single  column.  The  names  shall  be 
printed  on  the  first  one  hundred  ballots  as  arranged  in  order  by  lot. 
On  each  of  the  succeeding  one  hundred  ballots  the  names  shall  be 
printed  in  the  same  order,  save  that  the  last  name  on  the  preceding 
one  hundred  ballots  shall  be  shifted  to  the  first  place;  and  so  on 
thereafter  throughout,  a  like  change  being  made  in  the  printed  or- 
der of  names  for  every  one  hundred  ballots.  As  many  additional 
lines  shall  be  left  blank  as  there  are  members  to  be  elected.  The 
provisions  of  the  general  election  law  of  the  State  of  Kentucky  as 
to  the  duties  of  County  Clerks  and  other  public  officers  in  the  mat- 
ter of  printing  and  distributing  ballots,  of  the  issuing  them  to 
voters,  of  receiving  and  depositing  them  in  the  ballot  boxes,  and  of 
counting  and  preserving  them,  and  in  all  other  particulars  except  as 


School  Laws  of  Kentucky,  95 

otherwise  provided  herein,  shall  be  applicable  in  all  respects  to  the 
election  of  members  of  the  Board  of  Education:  Provided,  that  it 
shall  be  the  duty  of  the  Sheriff  of  each  county  in  which  a  city  of  the 
first  class  is  situated,  to  provide  for  each  precinct  in  said  city  a 
separate  box  for  the  reception  of  the  ballots  used  in  the  election  of 
members  of  the  Board  of  Education.  And  Provided,  further,  that 
it  shall  be  the  duty  of  the  judge  of  election  of  the  opposite  political 
party  to  the  clerk  of  the  election  in  each  precinct  to  issue  the  school 
ballots  in  the  same  manner  as  other  ballots  are  issued  by  the  clerk 
of  election  by  writing  the  name  and  the  residence  of  the  voter  upon 
the  primary  stub,  and  his  registered  number  upon  the  secondary 
stub  of  the  school  ballot,  and  by  observing,  as  to  these  ballots,  such 
other  regulations  for  the  issue  and  deposit  of  ballots  as  may  be 
prescribed  for  elections  generally.  It  shall  be  unlawful  for  an 
election  officer  or  other  person  within  the  election  booth  to  tell  or 
to  indicate  by  word  of  mouth  or  otherwise  to  a  voter  what  may  be 
the  political  affiliations  of  any  candidate,  and  a  violation  of  this  pro- 
vision shall  be  a  misdemeanor  punishable  by  fine  not  exceeding  two 
hundred  dollars. 

§  222. — Members  to  be  Voted  For — Each  voter  may  vote  for  as 
many  of  said  candidates  as  there  are  members  to  be  elected  by  mak- 
ing a  cross  in  the  square  opposite  the  name  of  each  candidate  for 
whom  he  v/Ishes  to  vote.  The  candidates,  in  number  equal  to  the 
number  of  members  to  be  chosen,  who  have  the  highest  number  of 
votes  shall  be  declared  elected.  If  at  any  election  a  member  is  to 
be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired  term,  can- 
didates may  be  chosen  as  above  provided,  but  they  shall,  in  all 
cases,  be  designated  on  the  ballots  as  candidates  to  fill  a  vacancy, 
and  the  date  of  the  unexpired  term  shall  be  stated. 

§  223. — Organization  of  Board — At  the  general  election  oc- 
curring in  the  month  of  November,  1910,  five  members  of  the  Board 
of  Education  shall  be  elected  as  herein  provided.  After  having 
qualified  by  taking  the  oath  prescribed  by  law,  they  shall  assume 
office  on  the  first  day  of  January,  1911,  and  shall  meet  at  the  offices 
of  the  present  School  Board  of  said  city  at  twelve  o'clock  noon,  and 
shall  proceed  to  organize  by  electing  one  of  their  number  President, 
and  another  Vice-president.  Within  one  week  after  the  organiza- 
t^'on  of  said  Board  it  shall  meet  to  divide  its  members  by  lot  in  such 


96  School  Laws  of  Kentucky. 

manner  as  they  shall  determine  into  two  classes,  as  follows.  The 
first  class  consisting  of  two  members,  shall  hold  office  through  the 
31st  day  of  December,  1912,  the  second  class  consisting  of  three 
members,  shall  hold  office  through  the  31st  day  of  December,  1914. 
Thereafter  at  each  regular  election  held  in  November  of  each  even- 
numbered  year,  members  shall  be  elected  as  hereinbefore  provided, 
to  take  the  place  of  those  whose  terms  will  next  expire,  and  the 
members  so  chosen  shall  hold  office  for  four  years,  or  until  their 
successors  are  elected  and  qualified. 

§  224, — ^At  its  first  regular  meeting  after  the  1st  day  of  Jan^ 
uary,  in  each  year,  following  its  original  organization,  said  Board 
of  Education  shall  reorganize  by  electing  one  of  its  members  Presi- 
dent, and  another  Vice-president. 

§  225. — Vacancies — How  Filled — Any  vacancy  in  said  Board, 
from  whatever  cause  occurring,  shall  be  temporarily  filled  by  the 
other  members  of  the  Board  as  soon  as  practicable  after  such 
vacancy  occurs.  The  members  so  chosen  shall  hold  office  until  his 
successor  is  elected  and  qualified,  subject  to  the  provisions  of  Sec- 
tion 152  of  the  Constitution  of  Kentucky. 

§  226. — Board  of  Education  to  Surrender  Schgol  Property — 
When  members  of  the  Board  of  Education  shall  have  been  elected, 
shall  have  qualified,  and  shall  have  organized  as  hereinbefore  pro- 
vided, thereupon  it  shall  become  the  duty  of  the  existing  School 
Board  and  all  officers,  agents  and  employes  thereof  to  surrender 
their  places  and  to  deliver  to  said  Board  of  Education  all  the  com- 
mon school  property,  both  real  and  personal,  of  every  kind  whatso- 
ever, and  the  control  and  management  of  the  common  school 
affairs  of  such  city:  Provided,  that  until  such  Board  of  Education 
shall  be  organized,  the  administration  of  the  common  schools  and 
the  management  of  school  property  in  such  city  shall  remain  in 
the  control  of  the  existing  School  Board  in  the  same  manner  and 
with  the  same  powers  as  existed  prior  to  the  passage  of  this  Act. 
All  rules  and  by-laws  made  by  any  existing  School  Board  at  such 
time  vested  in  such  city  with  the  management  of  the  common 
schools  shall  continue  in  force,  so  far  as  consistent  with  this  Act, 
until  repealed  or  altered  by  a  majority  of  such  Board  of  Education. 
Provided,  further,  that  the  first  Board  of  Education  may  continue 
the  employment  and  service  of  any  existing  officers,  teachers,  agents 


School  Laws  of  Kentucky.  97 

or  other  employes,  in  their  several  capacities  in  connection  with  the 
administration  of  school  affairs,  until  such  time  as  they  effect  the 
change  of  administrative  system  applicable  to  the  common  schools 
as  contemplated  in  this  Act;  and  said  Board  of  Education  may 
thereafter  retain  or  remove  any  agents,  teachers,  janitors,  engineers 
or  other  employes  th^n  rendering  service  in  connection  with  the 
public  schools  of  said  city. 

§  227. — Rules  and  By-Laws — It  shall  be  the  duty  of  said  Board 
of  Education,  within  s.ixty  days  after  its  organization,  to  adopt  rules 
and  by-laws  for  its  meetings  and  proceedings,  and  for  the  govern- 
ment, regluation  and  management  of  the  schools  and  school  prop- 
erty, and  for  the  examination,  qualification  and  employment  of 
teachers.  And  such  rules  or  by-laws  may  be  changed,  altered,  or 
set  aside,  only  upon  an  affirmative  vote  of  four  (4)  members  of  the 
Board. 

§  228. — Appointment  of  Officers — It  shall  be  the  duty,  of  said 
Board  of  Education,  as  soon  as  practicable  after  its  organization,  to 
appoint  a  Superintendent  of  Schools,  a  Business  Director,  a  Secre- 
tary and  Treasurer,  and  such  other  officers,  employes  and  agents  as 
it  may  deem  proper:  Provided,  that  no  such  officer,  employe  or 
agent  shall  be  a  member  of  said  Board. 

§  229. — Superintendent  of  Schools  Appointed  for  One  Year — 
Powers  and  Duties — The  Board  of  Education  shall  appoint  a  Super- 
intendent of  Schools  who  shall  serve  for  a  term  of  one  year,  but 
whenever  a  Superintendent  who  shall  have  served  one  year  shall 
be  re-elected,  his  re-election  shall  be  for  a  term  of  four  years.  His 
compensation  shall  not  be  changed  during  the  term  for  which  he  is 
elected.  He  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  Board.  The  Board  of  Education  may,  on  the  nomina- 
tion of  the  Superintendent  of  Schools,  appoint  as  many  Assistant 
Superintendents  as  it  may  deem  necessary,  whose  compensation 
shall  be  fixed  by  the  Board,  and  who  may  be  removed  by  the  Super- 
intendent with  the  approval  of  the  Board.  The  Superintendent  of 
Schools  shall  qualify  by  taking  the  oath  prescribed  by  law.  He 
shall  have  general  supervision,  subject  to  the  control  of  the  Board, 
of  the  course  of  instruction,  discipline  and  conduct  of  the  schools, 
text  books  and  studies;  and  all  appointments,  promotions  and 
transfers    of   teachers    and    truant   officers,    and   introduction    and 


98  School  Laws  of  Kentucky. 

changes  of  text  books  and  apparatus,  shall  be  made  only  upon  the 
recommendation  of  the  Superintendent  and  the  approval  of  the 
Board.  The  Superintendent  shall  have  the  power  to  suspend  any 
teacher  or  truant  officer  for  cause  deemed  by  him  sufficient,  and  the 
Board  of  Education  shall  take  such  action  upon  the  restoration  or 
removal  of  such  person  as  it  may  deem  proper.  All  appointments 
and  promotions  of  teachers  shall  be  made  upon  the  basis  of  merit, 
to  be  ascertained,  as  far  as  practicable,  in  cases  of  appointments,  by 
examination,  and  in  cases  of  promotion,  by  length  and  character  of 
service.  Examination  for  appointment  shall  be  conducted  by  the 
Superintendent  in  accordance  with  the  State  law  for  the  certifica- 
tion of  teachers  and  under  such  other  regulations  as  may  be  made 
by  the  Board.  The  Superintendent  of  Schools  shall  devote  himself 
exclusively  to  the  duties  of  his  office,  and  shall  have  power  to 
appoint  clerks,  whose  number  and  salaries  shall  be  fixed  by  the 
Board,  and  shall  have  power  to  remove  the  same;  shall  exercise  a 
general  supervision  over  the  schools  of  the  city,  examine  their  con- 
diton  and  progress  and  shall  keep  himself  informed  as  to  the 
progress  of  education  in  other  cities.  He  shall  advise  himself  of 
the  need  of  extension  of  the  School  System  of  the  city,  shall  make 
reports  from  time  to  time  as  may  be  fixed  by  the  rules  or  directed 
by  the  Board,  and  shall  be  responsible  to  the  Board  for  the  condition 
of  the  instruction  and  discipline  of  the  schools.  The  term  "teachers," 
as  used  herein,  shall  include  supervisors,  supervising  principals  and 
principals. 

§  230. — Business  Director — Compensation — Duty — The  Board 
shall  appoint  a  Business  Director,  who  shall  serve  for  a  term  of 
one  year,  but  whenever  a  Business  Director  who  shall  have  served 
one  year  shall  be  re-elected,  his  re-election  shall  be  for  a  term  of 
four  years,  but  he  may  be  removed  at  any  time  by  a  vote  of  three- 
fifths  of  the  entire  Board.  His  compensation  shall  not  be  changed 
during  the  term  for  which  he  is  elected.  The  Business  Director 
shall  qualify  by  taking  the  prescribed  oath,  and  shall  be  the  exe- 
cutive officer  of  the  Board.  He  shall  execute  for  the  Board  in  the 
name  of  the  Board  its  contracts  and  obligations;  he  shall  see  that 
all  contracts  made  by  or  with  said  Board  are  fully  and  faithfully 
performed;  he  shall  have  the  care  and  custody  of  all  property  of 
the   Board  of  Education,   real   and   personal,   except   moneys;  he 


School  Laws  of  Kentucky.  99 

shall  oversee  the  construction  of  buildings  in  process  of  erection 
and  repairs  of  buildings  owned  or  controlled  by  the  Board;  shall 
advertise  for  bids,  and  shall  purchase  all  supplies  and  equipments 
authorized  by  the  Board;  and,  generally,  shall  execute  and  carry 
into  effect  all  matters  and  things  of  authority  for  which  shall  have 
been  granted  by  the  Board,  as  herein  provided. 

§  231. — Bond  to  be  given  by  Business  Director — The  Business 
Director  shall  devote  his  entire  time  to  the  duties  of  his  office,  and 
shall  receive  an  annual  salary  to  be  fixed  by  the  Board  at  the  be- 
ginning of  each  term,  and  payable  monthly  out  of  the  School  Fund 
of  the  City.  Before  entering  upon  the  discharge  of  the  duties  of 
his  office  he  shall  give  a  bond  for  the  faithful  performance  thereof 
in  the  sum  of  ten  thousand  dollars,  with  a  surety  company,  to  be 
approved  by  the  Board,  which  bond  shall  be  paid  for  by  the  Board 
and  be  deposited  with  the  Secretary  and  Treasurer  within  twenty 
days  from  date  of  election,  and  presented  by  him. 

§  232. — ^Janitors  and  Engineers  to  be  Appointed  by  Business 
Director — Subject  to  the  approval  of  the  Board  of  Education  as 
to  the  number  and  salaries,  the  Business  Director  shall  have  power 
to  appoint,  with  the  approval  of  the  Board  of  Education,  as  many 
engineers,  janitors  and  other  employes  and  agents  as  may  be 
necessary  for  the  proper  performance  of  the  duties  of  his  depart- 
ment, for  whom  he  shall  be  responsible,  and  whom  he  shall  have 
power  to  remove;  but  the  Board  of  Education  may  provide  for  a 
competitive  examination  for  the  positions  of  janitors  and  engineers; 
and  when  such  provision  shall  have  been  made,  the  Business 
Director  shall  be  required  by  the  Board  to  appoint  janitors  and 
engineers  from  the  list  obtained  by  such  examination.  He  shall 
appoint  such  assistants  and  deputies  as  may  be-  authorized  by  the 
Board,  whose  compensation  shall  be  fixed  by  the  Board;  and  one 
of  said  assistants  shall  be  a  trained  and  educated  mechanical  en- 
giiteer,  qualified  to  design  the  heating,  ventilating  and  sanitary 
machinery  and  apparatus  connected  with  the  school  buildings.  Such 
assistants  and  deputies  shall  be  subject  to  removal  by  the  Business 
Director  who  shall  be  responsible  for  the  proper  performance  of 
their  duties.  He  shall  perform  such  other  duties  as  may  be  re- 
quired of  him  by  the  Board. 


100  School  Laws  of  Kentucky. 

^  233. — Contracts  to  Lowest  Bidders — All  contracts  for  the 
erection  of  school  buildings  and  all  contracts  for  repairs  and  altera- 
tion in  school  property,  exceeding  the  amount  of  fifty  dollars,  shall 
be  made  by  the  Board  after  public  letting  to  the  lowest  responsible 
bidder,  but  it  may  reject  all  bids.  The  necessary  specifications  and 
drawnigs  shall  be  prepared  for  all  such  work,  and  bids  therefor  shall 
be  solicited  by  such  advertisement  as  the  Board  may  provide.  All 
other  work  of  construction  and  repairs  shall  be  made  directly  by 
the  Business  Director,  as  herein  provided.  For  all  work  of  con- 
struction and  repairs  authorized  to  be  done  directly  by  the  Business 
Director  he  shall  furnish  the  necessary  specifications  and  drawings, 
except  in  cases  of  emergency,  and  where  the  cost  shall  not  exceed 
the  sum  of  two  hundred  dollars,  and  shall  solicit  bids  for  such  work 
as  may  be  provided  for  by  the  Board.  No  bids  shall  be  entertained 
by  the  Business  Director  which  are  not  made  in  accordance  with 
the  specifications  furnished  by  him,  and  all  contracts  shall  be  let  to 
the  lowest  responsible  bidder  complying  with  the  terms  of  the 
letting;  Provided,  however,  that  the  said  Business  Director  shall 
have  the  right  to  reject  any  and  all  bids. 

§  234. — Advertisement  for  Supplies — The  Board  shall,  at  or 
prior  to  the  beginning  of  each  fiscal  year,  cause  advertisements  to 
be  made  under  such  regulations  as  it  may  provide  for  proposals  for 
furnishing  the  supplies  required  in  the  schools  and  by  the  Board 
in  the  ensuing  year;  and  every  contract  therefor  shall  be  awarded 
to  the  lowest  responsible  bidder  complying  with  the  terms  of  the 
letting:  Provided,  however,  that  said  Board  shall  have  and  reserve 
the  right  to  reject  all  bids.  If  other  supplies  are  required  during 
the  year,  they  shall  be  furnished  under  contracts  awarded  in  like 
manner;  but  the  Board  may  authorize  the  purchase  of  supplies  not 
exceeding  fifty  dollars  in  amount  without  letting  or  contract.  The 
Board  shall  make  distribution  of  supplies  through  such  agencies 
and  in  such  manner  as  it  deems  proper. 

§  235. — Secretary  and  Treasurer  to  be  Appointed — The  Board 
shall  appoint  an  officer,  who  shall  be  Secretary  and  Treasurer,  and 
shall  serve  for  a  term  of  one  year,  but  whenever  a  Secretary  and 
Treasurer  shall  have  served  one  year  and  be  re-elected,  his  election 
shall  be  for  a  term  of  four  years,  but  he  may  be  removed  at  any 
time  by  a  vote  of  three-fifths  of  the  entire  Board.     He  shall  give 


School  Laws  of  Kentucky.  101 

bond  in  such  sum  as  the  Board  may  require,  which  shall  not  be 
less  than  $50,000.00,  with  a  Surety  Company  to  be  approved  by 
the  Board,  such  bond  to  be  paid  for  by  the  Board  and  be  deposited 
Avith  the  President  of  the  Board  within  twenty  days  from  date  of 
election  and  preserved  by  him.  The  compensation  of  such  officer 
shall  be  fixed  by  the  Board  of  Education  before  his  election,  and 
shall  not  be  changed  during  the  term  for  which  he  is  elected.  He 
shall  exercise,  subject  to  the  control  of  the  Board,  general  super- 
vision over  the  fiscal  affairs  of  the  public  schools  of  the  city,  the 
collection  and  payment  of  funds  to  the  school  depositaries,  and  the 
disbursement  of  all  revenues  and  moneys  belonging  to  the  Board. 
He  shall  record  the  proceedings  of  the  Board  in  such  manner  as 
may  be  directed  by  the  Board,  and  shall  deposit  daily  in  the 
designated  depositary  of  the  Board  all  moneys  collected  or  received 
by  him  for  the  Board.  He  shall  furnish  to  the  Board  at  the  be- 
ginning of  each  month  a  statement  of  receipts  and  disbursements 
of  the  preceding  month ;  and  at  the  end  of  the  fiscal  year  he  shall 
make  to  the  Board  a  full  and  cornprehensive  report  of  its  financial 
affairs  for  the  preceding  year.  He  shall  be  the  custodian  of  all 
securities,  documents,  title  papers,  books  of  record  and  other  papers 
belonging  to  the  Board,  under  such  conditions  as  the  Board  may 
direct.  It  shall  be  his  duty  to  see  that  no  liability  is  incurred  or 
expenditure  made  without  due  authority  of  law,  that  appropriations 
are  not  overdrawn  and  that  all  expenditures  are  charged  to  the  ap- 
propriations for  which  they  are  made.  Subject  to  the  approval  of 
the  Board,  he  shall  have  power  to  appoint  assistants,  for  whom  he 
shall  be  responsible  and  whom  he  may  remove.  He  shall  perform 
such  other  duties  as  may  be  required  of  him  by  the  Board. 

§  236. — Depositaries  to  be  Selected — The  Board  shall,  in  the 
month  of  June  of  each  year,  advertise  for  bids  from  the  banks  and 
trust  companies  in  such  city  for  the  current  deposits  of  such  Board, 
to  be  secured  by  bond  with  surety  to  be  approved  by  the  Board  in 
an  amount  to  be  fixed  by  the  Board,  and  said  bids  shall  specify  the 
rate  of  interest  to  be  allowed  to  said  Board  on  such  deposits  and 
the  nature  of  the  security  offered;  and  such  deposits  shall  be  an- 
nually awarded  to  the  two  institutions,  banks  or  trust  companies 
that  offer,  with  the  required  security,  the  highest  rates  of  interest 
therefor;  and  the  Board  shall  cause  contracts  for  the  ensuing  year 


102  School  Laws  of  Kentucky, 

to  be  made  with  such  banks  or  trust  companies  so  receiving  the 
award  of  such  deposits.  All  moneys  due  the  Board,  from  any 
source  whatsoever,  shall  be  paid  to  the  Secretary  and  Treasurer, 
who  shall  thereupon  cause  all  funds  received  to  be  paid  into  such 
designated  depositaries,  the  balances  in  each  to  be  kept  as  nearly 
equal  as  practicable.  The  fiscal  year  of  the  Board  shall 'end  on  the 
30th  day  of  June  of  each  year,  and  the  annual  contract  shall  be 
made  in  the  month  of  June  of  each  year  for  the  deposits  of  the  suc- 
ceeding fiscal  year.  The  funds  of  the  Board  deposited  in  bank  shall 
be  withdrawn  only  on  the  order  of  the  Board,  evidenced  by  the 
check  of  its  Secretary  and  Treasurer,  countersigned  by  the  Presi- 
dent of  the  Board,  or,  in  his  absence  or  disability  by  the  Vice- 
president. 

§  237. — Apportionment  of  Revenues — It  shall  be  the  duty  of  the 
Board  at  the  beginning  of  each  fiscal  year  to  apportion  the  revenue^ 
available  for  that  year  to  the  different  departments,  for  expenditure 
in  support  of  the  schools  for  that  year,  and  no  report  or  resolution 
shall  be  adopted  by  the  Board  call,ing  for  the  expenditure  of  money 
unless  it  states  specifically  the  fund  from  which  the  appropriation  is 
to  be  made,  and  is  accompanied  by  the  certificate  of  the  Secretary 
and  Treasurer  showing  sufficient  balance  in  such  fund  available 
for  such  expenditure. 

§  238. — Money  May  be  Borrowed — The  Board  shall  have  power 
to  borrow  money  on  the  credit  of  the  Board  in  anticipation  of  the 
revenue  from  school  taxes  for  the  fiscal  year  in  which  the  same  is 
borrowed  and  to  pledge  said  school  taxes  for  the  payment  of  the 
principal  and  interest  of  said  loan :  Provided,  that  the  interest  paid 
shall  in  no  case  exceed  six  per  cent,  per  annum  and  the  principal 
shall  in  no  case  exceed  fifty  per  cent,  of  the  anticipated  revenue. 

§  239. — Tax  Levy — To  raise  money  for  the  maintenance  of  the 
schools  the  General  Council  shall  annually  cause  to  be  levied  and 
collected  a  tax  of  not  less  than  thirty-six  cents  (.36)  on  each  one 
hundred  ($100.00)  dollars  of  property  assessed  for  taxation  for  city 
purposes.  Upon  the  completion  of  the  assessment  of  property  for 
taxation,  the  amount  levied  as  above  shall  annually  be  passed  to  the 
credit  of  the  school  fund,  upon  the  books  of  the  city,  and  the  said 
amount,  as  collected,  shall  be  paid  over  to  the  Board  by  the  Treas- 
vrer  of  the  city,  in  regular  monthly  installments,  the  first  payment 


School  Laws  of  Kentucky.  103 

to  be  made  within  one  week  after  the  collection  of  said  amount  shall 
have  been  commenced  and  the  other  payments  to  be  made  weekly 
thereafter  in  current  money  by  the  said  Treasurer  as  collected. 

§  240. — School  Fund — For  the  maintenance  of  the  schools  there 
shall  be  appropriated  the  sum  or  sums  which  may  be  received  from 
year  to  year  as  the  City's  portion  of  the  school  fund  of  this  Com- 
monwealth. 

§  241. — Property  to  Escheat — So  much  real  or  mixed  property 
in  the  city,  which  from  alienage,  defect  of  heirs,  failure  of  kindred 
or  other  causes,  shall  escheat  to  the  Commonwealth  of  Kentucky 
shall  vest  in  the  Board  for  the  use  and  benefit  of  the  common 
schools.  Said  Board  may,  in  the  name  of  the  Commonwealth,  for 
the  use  and  benefit  of  the  common  schools  of  the  city,  by  its  Presi- 
dent or  other  officer  to  be  designated  by  it,  enter  upon  and  take 
possession  of  said  property  or  sue  for  and  recover  the  same  by  an 
action  at  law  or  in  equity,  and  without  office  found.  The  Board 
may  sell  and  convey  any  of  such  property  by  warranty,  deed  or 
otherwise. 

<^  242. — Duty  of  Officers  as. to  Collection  of  Taxes — All  officers 
of  any  city  of  the  first  class,  and  of  the  State,  concerned  with  the 
assessment  and  collection  of  taxes,  fines  and  penalties  shall  perform 
such  duties  in  relation  to  the  levying  and  collection  of  school  taxes 
and  the  collection  of  such  fines  and  penalties,  and  the  payment 
thereof  to  said  Board  for  school  purposes,  as  are  now  imposed  by 
the  existing  laws  upon  such  officers  in  relation  to  the  levy  and  col- 
lection of  school  taxes  and  the  collection  of  fines  and  penalties  pay- 
able to  the  school  funds ;  and  nothing  in  this  Act,  unless  inconsistent 
therewith,  shall  be.  construed  as  repealing  any  existing  law  provid- 
ing for  the  assessment  and  collection  of  school  taxes  in  such  city; 
and  all  powers  and  duties  conferred  by  existing  law  upon  any  Board 
in  relation  thereto  shall  be  continued  in  the  Board  created  by  this 
Act. 

<^  243. — Books  to  be  Audited  by  Expert  Accountant — At  the  close 
of  each  fiscal  school  year  the  Mayor  of  such  city  shall  appoint  one 
or  more  expert  accountants,  who  shall  examine  the  books,  accounts 
and  vouchers  of  the  Secretary  and  Treasury,  Business  Director,  and 
all  other  departments  of  expenditures  of  the  Board,  and  shall  make 
due  report  thereof  to  the  Mayor  and  Board  of  Education  of  such 


104  School  Laws  of  Kentucky. 

city.  All  the  officers  and  employes  of  the  Board  shall  produce  and 
submit  to  such  accountants  for  examination  of  all  books,  papers, 
documents,  vouchers  and  accounts  in  their  office  belonging  to  the 
same  or  thereto  pertaining,  and  shall  in  every  way  assist  said 
accountants  in  their  work.  In  the  report  to  be  made  by  said  ac- 
countants they  may  make  any  recommendation  they  deem  proper 
as  to  the  business  methods  of  such  officers  and  employes.  A 
reasonable  compensation  for  such  services  shall  be  paid  by  the 
Board. 

§  244. — Kindergartens — Power  to  Establish — The  Board  shall 
have  the  power  to  establish  and  maintain  kindergartens  for  children 
from  four  to  six  years  of  age,  high  schools,  manual  training  schools 
and  a  normal  school  and  normal  training  classes  for  the  purpose  of 
training  teachers  to  fill  positions  in  the  schools  of  the  city,  and  to 
this  end  it  may  prescribe  rules  and  regulations  for  the  government 
of  such  schools,  and  as  in  other  cases  it  may  employ  the  principals 
and  other  teachers  necessary  for  their  efficient  management. 

§  245. — Separate  Schools  for  White  and  Colored  Children — The 
Board  shall  provide,  maintain  and  support  separate  schools  wherein 
all  colored  children,  who  are  bona  fide  residents  of  said  city, 
between  the  ages  of  six  and  twenty  years,  may  be  taught  in  like 
manner  as  herein  provided  for  white  children.  Said  schools  for 
colored  children  shall  be  entitled  to  the  same  benefits,  be  governed 
by  the  same  rules  and  regulations,  and  be  subject  to  the  same  re- 
strictions as  the  schools  herein  provided  for  the  white  children. 

§  246. — Qualifications  of  Pupils  Fixed  by  Board — ^The  Board 
shall  prescribe  the  necessay  qualifications  and  mode  of  examination 
for  applicants  for  admission  to  the  various  schools,  and  may  furnish 
text  books  and  necessary  school  supplies  to  pupils  free  of  charge 
under  such  rules  and  regulations  as  it  may  adopt. 

§  247. — Religious  Dogmas — No  formula  of  religious  belief  shall 
be  taught  or  inculcated,  nor  shall  any  class  or  any  text  book  be 
used  which  reflects  on  any  religious  denomination. 

§  248.— Pupils  Admitted  from  beyond  City— The  Board  shall 
have  power  to  admit  to  the  school  pupils  from  beyond  the  city 
limits,  and  shall  collect  from  all  persons  so  admitted  tuition  fees 
for  the  benefit  of  the  school  fund  of  the  city,  but  may  make  equitable 
allowance  or  reduction  for  taxes  paid  for  schools  by  such  children 


School  Laws  of  Kentucky.  105 

or  their  parents  on  property  in  the  city.  Children  of  persons  resid- 
ing outside  of  the  city  limits  shall  not  be  admitted  as  pupils  into 
any  of  the  public  schools,  except  upon  payment  of  such  tuition  as 
the  Board  may  require  as  aforesaid. 

§  249. — Reports  to  be  Made — Census  to  be  Taken — A  city  of  the 
first  class  being  deemed  one  school  district  for  taxation  purposes 
and  entitled  to  its  proportion  of  the  common  school  fund  of  the 
Commonwealth,  the  Board  of  Education  of  such  city  shall  make 
detailed  reports  annually  and  special  reports  as  required  to  the 
State  Superintendent  of  Public  Instruction.  The  Board  shall  also, 
in  the  year  1911,  and  every  third  year  thereafter,  take  the  census 
of  children  of  school  age  and  make  returns  thereof  to  the  Superin- 
tendent of  Public  Instruction,  at  the  same  time  other  school  officers 
are  required  to  make  returns;  and  for  the  neglect  of  this  duty  the 
members  of  the  Board  shall  be  liable  to  the  same  penalties.  This 
census  shall  be  taken  under  regulations  approved  by  the  State 
Board  of  Education.  For  the  years  in  which  no  census  is  required 
to  be  taken,  the  Superintendent  of  Public  Instruction  shall  deter- 
mine the  amount  per  capita  to  be  paid  over  to  the  board  of  education 
of  such  cities  by  adding  annually  to  the  number  of  children  of  school 
age,  as  shown  by  the  next  preceding  census  actually  taken,  such 
increase  or  addition  as  he  may  ascertain  to  be  the  annual  increase 
of  children  of  school  age  in  the  district  upon  averaging  the  yearly 
increase  shown  by  the  three  actual  enumerations  next  preceding: 
Provided,  however,  that  the  Board  of  Education  of  any  such  city 
or  the  Superintendent  of  Public  Instruction  may  elect  to  take  an 
actual  census  In  any  of  such  years,  in  which  case  the  return  of  such 
census  shall  govern. 

§  250. — Report  of  Business  Director  and  Treasurer — The  Board 
shall,  at  the  end  of  each  scholastic  year,  prepare  and  publish,  for  the 
information  of  the  public,  a  report  which  shall  Include  the  annual 
reports  made  to  the  Board  by  the  Superintendent,  Business  Di- 
rector and  Secretary  and  Treasurer,  together  with  such  other  in- 
formation as  may  be  proper  and  necessary  to  an  understanding  of 
the  general  condition  and  educational  progress  of  the  schools  during 
the  preceding  year. 

§  251. — Penalty — Any  member,  officer  or  employe  of  such 
Board  who  shall  wilfully  violate  any  of  the  provisions  of  this  act' 


106  School  Laws  of  Kentucky. 

shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall, 
unless  otherwise  herein  provided,  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars  or  imprisonment  not  exceeding  one  year, 
or  by  both  fine  and  imprisonment,  in  the  discretion  of  the  jury.  But 
nothing  herein  contained  shall  be  construed  as  suspending  the  gen- 
eral criminal  laws  of  the  State  so  far  as  applicable. 

§  252. — Repealing  Clause — The  general  school  laws  of  this 
State  and  all  laws  and  parts  of  laws  applicable  to  the  general  system 
of  common  schools  in  a  city  of  the  first  class  and  not  inconsistent 
herewith,  shall  be  in  full  force  and  effect  in  such  city.  (Act  of  1910.) 

OLD  LAW 

(Note. — The  following  sections  of  the  old  law  as  to  cities  of  the 
First  Class  are  inserted  for  the  reason  that  there  is  doubt  as  to 
whether  or  not  they  are  repealed  by  the  act  of  1910.) 

§  253. — Appropriation  of  Money — No  appropriation  of  money 
shall  be  made  by  the  board,  except  upon  the  affirmative  vote  of  a 
majority  of  the  members.  The  vote  shall  be  entered  upon  its 
records. 

§  254. — Record  of  Proceedings — All  proceedings  of  the  board 
shall  be  entered  in  a  book  provided  for  that  purpose.  This  book 
shall  be  a  public  record,  and  at  all  times  be  open  to  the  inspection 
of  the  citizens. 

§  255. — Adoption  of  Text  Books — The  board  shall  prescribe  the 
branches  of  education  to  be  taught  and  the  text  books  to  be  used. 
Text  books  once  adopted  shall  not  be  changed  except  by  unanimous 
consent  of  the  board  until  notice  of  said  proposed  change  shall  be 
given  and  entered  upon  the  records  of  the  board  one  full  scholastic 
year,  and  then  only  by  the  affirmative  vote  of  not  less  than  two- 
thirds  of  the  members. 

§  256. — Perquisites — No  fees  or  perquisites  shall  be  received  by 
said  secretary.  Interest  paid  on  deposits  must  be  accredited  to 
the  board. 

"5  257. — Charges  Against  Officers  and  Teachers — In  investiga- 
tion of  charges  or  complaint  against  any  of  its  members,  officers, 
principals,  teachers  or  other  employes,  the  board,  or  its  committee 
on  grievances,  shall  have  the  power  to  summons  witnesses,  and  by 
its  chairman  administer  Qatji.    An^  wilfvill  diaregard  of  said  sum- 


School  Laws  of  Kentucky,  107 

mons  or  process  may  be  punished  by  any  judge  of  the  circuit  court 
on  complaint  of  the  board  as  contempt  of  such  court  is  punished. 

§  258. — Punishment  of  Members — The  board  may  punish  its 
members  for  misconduct  by  reprimand  or  expulsion  from  office, 
and  punish  its  officers,  principals,  teachers  and  employes  by  repri- 
mand, suspension,  forfeiture  of  pay  or  dismissal,  as  it  may  judge 
appropriate  for  the  offense  committed.  Any  officer  or  member  of 
said  board  who  shall  receive  any  money  or  other  thing  of  value 
directly  or  indirectly,  for  his  vote  or  influence  in  favor  of  any 
measure  upon  which  he  shall  act  officially,  shall  be  deemed  guilty  of 
a  felony,  and,  upon  conviction  thereof,  be  confined  in  the  peniten- 
tiary not  less  than  two  nor  more  than  ten  years. 

§  259. — Appropriations — For  the  maintenance  of  the  schools 
there  shall  be  appropriated  the  sum  or  sums  which  may  have  been 
received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  260. — Certificate  of  Teachers — A  certificate  granted  to  any 
person  shall  be  void,  if  the  holder  thereof  shall  not  receive  regular 
employment  of  the  board  within  five  years  from  its  date,  but  may 
be  renewed  by  another  examination.  The  board  may  revoke  any 
certificate  issued  by  it  for  any  cause  by  it  deemed  sufficient. 

§  261. — Census — Enumerator,  Per  Diem — Penalty  of  Fraud — 
Average  Census — The  secretary  of  the  board  shall  employ,  subject 
to  the  approval  of  the  board,  a  sufficient  number  of  enumerators  to 
take  the  census  within  the  time  required  by  law  and  may,  subject 
to  the  same  approval,  remove  without  notice,  any  enumerator  for 
incompetency,  neglect  of  duty,  malfeasance  or  misfeasance,  and  at 
once  fill  a  vacancy  arising  from  this  or  any  other  cause;  Provided, 
however,  that  said  school  board  shall  be  allowed  thirty  additional 
days  if  in  their  opinion  the  same  is  deemed  necessary  for  an  accurate 
and  complete  census.  Each  enumerator  shall  be  at  least  twenty-one 
years  of  age  and  a  bona  fide  resident  of  the  ward  whose  territory 
or  a  part  of  whose  territory  he  is  appointed  to  enumerate,  and  shall 
take  an  oath  or  affirmation  that  he  will  take  the  census  accurately 
and  truly  to  the  best  of  his  skill  and  ability.  The  census  shall  be 
returned  by  wards,  each  block  of  which  shall  be  enumerated  on  a 
separate  list  or  lists,  the  street  and  number  of  residence,  if  any,  of 
such  person  so  listed,  to  be  given.    The  list  shall  be  made  out  in 


I 


108  School  Laws  of  Kentucky. 

duplicate,  one  to  be  filed  with  the  school  board  and  one  to  be  for- 
warded to  the  Superintendent  of  Public  Instruction  as  aforesaid. 
No  enuemrator  shall  take  the  census  of  any  child  not  residing  in  the 
territory  to  which  he  is  assigned  nor  of  children  who  have  recently 
removed  into  the  district  and  who  have  been  previously  reported 
in  the  census  of  pupil  children  for  the  year  in  the  district  from  which 
they  have  removed  or  who  have  recently  removed  into 'the  district 
from  another  State  or  county.  Nor  shall  more  than  one  enumer- 
ator be  assigned  to  the  same  territory.  In  case  of  any  parent, 
guardian,  head  of  family,  master  of  apprentice  or  any  person  em- 
ploying, having  charge  of  or  harboring  any  child  entitled  to  school 
privileges,  shall  refuse  to  report  to  the  enumerator  any  facts  re- 
quired herein  necessary  to  the  full  and  accurate  census,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five  dollars.  Each 
enumerator  shall,  when  making  return  of  said  census  to  the  secre- 
tary of  the  board,  make  affidavit  or  affirmation  that  he  has  returned 
the  enumeration  in  accordance  with  the  provisions  of  this  act,  to 
the  best  of  his  knowledge  and  belief,  and  that  such  list  contains  the 
name  of  all  persons  entitled  to  be  enumerated,  and  no  others.  Each 
oath  or  affirmation  provided  for  in  this  section,  shall  be  made  a 
part  of  the  blanks  on  which  the  census  is  taken,  and  a  matter  of 
record  in  both  the  office  of  the  school  board  and  that  of  the  Super- 
intendent of  Public  Instruction.  Each  enumerator  shall  be  allowed 
reasonable  compensation  per  diem  for  his  services  to  be  paid  out 
of  the  school  fund  of  said  city.  Any  school  officer,  or  other  person 
appointed  as  enumerator,  or  any  officer  through  whose  hands  the 
schools  census  required  by  this  act  shall  pass,  who  shall  knowingly 
enumerate  persons  not  entitled  to  be  Hsted,  or  who  shall  in  any 
manner,  add  to  or  take  from  the  number  actually  enumerated,  shall 
in  addition  to  being  liable  to  punishment  for  the  crime  of  false 
swearing,  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
of  such  offense,  shall  be  fined  in  any  sum  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  ten  nor  more  than  thirty  days,  in  the  discretion  of  the  court. 
The  county  superintendent  of  the  county  in  which  such  cities  are 
located,  shall  have  no  control  over  the  schools  in  such  districts,  but 
the  same  shall  be  governed  in  all  respects  as  herein  provided.    For 


I 

I 


School  Laws  of  Kentucky.  109 

the  years  in  which  no  census  is  required  to  be  taken  hereunder,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  of 
per  capita  to  be  paid  over  to  the  school  board  of  such  cities,  by 
adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi 
tion  as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  how- 
ever, That  the  school  board  or  Superintendent  of  Public  Instruction 
may  elect  to  take  an  actual  census  in  any  of  such  years,  in  which 
case  the  return  of  such  census  shall  govern.  The  Superintendent  of 
Public  Instruction  shall  in  his  biennial  report  give  statement  of  the 
estimated  census  for  any  years  included  in  said  report  wherein  dis- 
tribution of  per  capita  may  have  been  made  upon  estimated  census, 
as  provided  herein,  in  such  manner  as  to  show  clearly  the  actual 
enumeration  upon  which  such  estimates  may  have  been  based  and 
the  manner  in  which  the  estimated  census  has  been  computed. 

§  262. — Members  of  the  board  shall  not  be  elsewhere  called  in 
question  for  language  used  in  debate. 

CHAPTER  XVII. 

PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS 

§  263. — Board  of  Education — Powers  and  Duties — There  shall  be 
maintained  a  system  of  public  schools,  at  which  all  children  who 
are  bona  fide  residents  of  the  city  between  the  ages  of  six  and 
twenty  years  may  be  taught  at  the  public  expense,  and  schools  may 
be  opened  as  a  part  of  said  system  to  teach  children  of  the  ages  of 
four,  five  and  six  years  by  the  kindergarten  method.  Said  schools 
shall  be  under  the  control  of  a  board,  to  be  styled  the  "Board  of 
Education,"  consisting  of  two  trustees  from  each  ward  in  the  city, 
to  be  elected  however,  by  the  qualified  voters  at  large  of  the  city. 
Said  board  of  education  shall  continue  and  they  are  hereby  declared, 
a  body-politic  and  corporate,  under  the  name  and  style  of  "Board 
of  Education,"  with  perpetual  succession;  and  by  that  name  may 
contract  and  be  contracted  with,  sue  and  be  sued,  have  and  use  a 
corporate  seal,  the  same  to  alter  or  renew  at  pleasure;  may  pur- 


110  School  Laivs  of  Kentucky. 

chase,  receive,  hold,  lease  and  dispose  of  real  and  personal  estate 

for  public  school  purposes.     The  control  and  manag-ement  of  the 

public  schools  of  the  city  and  the  property  and  funds  thereunto 

belonging,  shall  be,  and  is  hereby,  vested  in  said  board,  subject  to 

the  provisions  of  this  act.    They  shall  have  power  to  make  by-laws 

and  rules,  not  in  conflict  herewith,  necessary  for  the  discharge  of 

their  duties  and  the  government  of  their  proceedings.  'They  shall 

meet  once  in  each  month,  or  oftener  if  necessary,  but  it  shall  require 

a   majority   of   the   members-elect   of   said   board   to   constitute   a 

quorum  for  the  transaction  of  business,  and  for  the  appropriation  of 

money  or  the  execution  of  a  contract,  the  concurrence  of  a  majority 

of  the  members-elect  of  said  board  shall  be  indispensable,  and  upon 

a  call  for  the  yeas  and  nays,  to  be  entered  of  record.    The  meeting 

of  said  board  shall  be  held  in  some  public  place,  and  a  correct 

record  of  their  proceedings  shall  be  kept  in  a  book  provided  for  that 

purpose,  which  shall  be  a  public  record,  and  open  to  inspection  by 

any  officer  or  citizen  of  the  city. 

§  264. — Qualification  of  Members — Said  board  of  education  shall 
determine  for  itself  the  qualification  and  election  of  its  members. 
They  shall  have  the  power  to  fill,  until  the  next  general  election,  all 
vacancies  in  said  board,  occasioned  by  death,  removal  or  otherwise, 
and  all  returns  of  election  shall  be  made  to  the  clerk  of  said  board, 
who,  by  direction  of  the  board,  shall  issue  certificates  of  election. 

§  265. — Funds — How  Obtained — All  the  property  now  used  for 
public  school  purposes  in  the  city,  or  which  may,  at  any  time,  be 
owned  by  the  board  of  education,  and  all  the  funds  or  means  that 
may,  at  any  time,  come  under  the  control  of  same,  are  hereby  for- 
ever dedicated  to  the  purpose  of  public  schools  of  the  city,  and  the 
title  to  all  property,  real  and  personal,  and  the  property  itself,  in  the 
city,  known  and  used  as  public  school  property,  are  hereby  vested  in 
said  corporation,  and  the  same  shall  forever  remain  free  from  any 
debt  or  liability  of  the  city,  and  free  from  any  city  or  State  taxation. 
§  266. — Teachers — Election  and  Appointment — Power  to  Erect 
Buildings — Purchase  Site — Said  board  shall  have  power  to  elect  and 
appoint  such  superintendent,  principal  and  teachers  as  they  may 
deem  necessary  for  the  public  school,  regulate  and  fix  their  salaries, 
and  may,  at  any  time,  suspend  or  remove  them,  or  any  of  them,  by 
a  vote  of  two-thirds  of  the  members-elect  of  the  board.    Said  board 


School  Laws  of  Kentucky,  111 

may  purchase,  build  or  rent  any  ground,  building  or  buildings 
necessary  or  convenient  for  public  school  purposes,  and  may  make 
contracts  to  that  end;  and  any  property  so  leased,  purchased,  or 
otherwise  occupied,  may  be  reserved  by  terms,  deed  or  lease  to  the 
public  schools  of  the  city;  and,  if  so  reserved,  shall  not  be  liable  for 
any  debt  or  debts  of  the  city  not  incurred  for  public  school  pur- 
poses. Said  board  may  also  receive  and  hold  to  public  school  pur- 
poses any  gift  or  devise. 

§  267. — Powers  of  Board  of  Education — Said  board  shall  pre- 
scribe the  branches  of  education  to  be  taught,  the  necessary  qualifi- 
cations, and  mode  of  examination,  and  the  number  of  teachers  to  be 
annually  admitted  to  each  school.  They  shall  fix  the  boundaries  of 
the  districts  within  which  children  shall  be  admitted  to  each  school ; 
but  the  majority  of  said  board  may  permit  children  residing  in  one 
district  to  attend  school  in  another.  They  may  establish  high 
schools  and  fix  a  grade  of  public  schools,  and  prescribe  the  rules  by 
which  pupils  may  pass  from  one  grade  to  another,  and  from  the 
graded  to  the  high  school. 

§  268. — Religious  Instruction — All  children  entitled  shall  have 
equal  right  of  admission  to,  and  benefits  of,  said  school,  wherein  no 
catechism  or  other  form  of  religious  belief  shall  be  taught  or  in- 
culcated; nor  shall  any  class  book  be  used  therein  which  reflects 
upon  any  religious  denomination  or  sect;  neither  shall  any  of  said 
schools  be  so  conducted  as  to  interfere  with  the  religious  faith  or 
creed  of  either  parents  or  pupils. 

§  269. — Reports — Said  board  shall,  at  the  end  of  each  scholastic 
year,  prepare  and  cause  to  be  published,  a  printed  statement  show- 
ing the  number  of  admissions  in,  expulsion  from,  and  present  num- 
ber of  pupils  in  each  school,  with  the  general  condition,  and  the 
educational  progress  made  therein;  the  amount,  character  and  con- 
dition of  all  funds  and  other  property  belonging  to  said  schools,  to- 
gether with  such  other  information  as  may  be  proper  and  necessary 
for  the  benefit  of  said  schools  and  the  general  public. 

§  270. — Estimate  of  Expenses — Levy  and  Collection  of  Taxes — 
Money — Power  to  Borrow — May  Issue  Bonds — Said  board  shall 
annually,  in  the  month  of  January,  approximately  ascertain  the 
amount  of  money  necessary  to  be  used  to  defray  the  expenses  of 
maintaining  the  schools,  improving  or  constructing  of  buildings  et- 


112  School  Laivs  of  Kentucky. 

cetera,  thereof,  and  any  liquidations  of  the  Habilities  during  the 
current  fiscal  year,  and  report  the  same,  together  with  the  amount 
to  be  received  from  the  common  school  fund  of  the  State  of  Ken- 
tucky (which  amount  the  board  shall  ascertain  by  taking  the  census 
required  by  law,  in  April)  to  the  Auditor,  and  thereupon  the  general 
council  shall,  at  the  request  of  said  board,  levy  and  collect  such 
taxes  as  may  be  requested,  and  the  money  arising  from  said  levy 
shall,  under  the  direction  and  control  of  said  board,  be  used  for  the 
benefit  of  the  common  schools  and  for  the  purpose  of  paying  off  the 
indebtedness  of  said  board.  Provided,  That  said  levy  shall  not,  in 
any  one  year,  exceed  thirty-five  cents  on  each  one  hundred  dollars 
valuation,  and  ten  cents  on  each  one  hundred  dollars  valuation  ad- 
ditional for  sinking  fund  purposes,  as  returned  by  the  board  of 
equalization  on  all  taxable  property  in  the  city.  And  provided 
further.  That  this  act  shall  not  be  so  construed  as  to  prevent  said 
board  from  receiving  and  expending  any  sum  or  sums  that  may 
come  to  them  by  gift,  devise  or  any  law  of  the  State.  The  tax  bill 
for  all  taxes  levied  by  the  general  council  for  the  public  schools 
shall  be  made  out  by  the  city  clerk  and  included  in  the  tax  bills 
containing  the  ordinary  levy,  and  shall  be  collected  with  the  same 
by  the  same  officer  and  in  the  same  manner  that  the  ordinary  levies 
are  collected  by  the  collecting  officer;  and  the  powers  and  duties 
conferred  and  required  of  officers  in  collecting  the  ordinary  city 
taxes  are  hereby  conferred  and  required  of  them  in  collecting  the 
taxes  levied  for  said  public  schools,  and  such  collecting  officer  and 
his  sureties  shall  be  liable  under  his  official  bond  for  any  failure  to 
perform  his  duties,  upon  which  bond  suit  may  be  brought  for  the 
use  of  said  board  and  recovery  had  for  such  amount  as  shall  be 
found  due  thereon.  All  such  sums  of  money,  when  collected  and 
paid  into  the  city  treasury,  shall  be  set  apart  to,  and  passed  over  to, 
the  common  school  fund,  subject  to,  and  drawn  out  only  by,  the 
order  of  said  board,  as  provided  by  law  and  ordinances  of  said  board 
then  existing.  Said  board  of  education  shall  have  the  power  to 
borrow  money  on  the  credit  of  the  board  in  anticipation  of  the 
revenue  from  school  taxes  for  the  fiscal  half  year  in  which  the 
same  is  borrowed  and  pledge  said  school  taxes  for  the  payment  of 
the  principal  and  interest  of  said  loan :  Provided,  That  the  interest 
paid  shall  in  no  case  exceed  6  per  cent,  per  annum  and  the  principal 


School  Laws  of  Kentucky,  113 

shall  in  no  case  exceed  50  per  cent,  of  the  anticipated  revenue.  Said 
board  of  education  shall  have  power  to  issue  school  bonds  to  run  for 
not  exceeding  forty  years  for  an  amount  not  exceeding  one  hundred 
and  fifty  thousand  dollars,  sufficient  to  purchase  sites  and  erect  and 
equip  school  houses ;  Provided,  That  said  bonds  do  not  bear  exceed- 
ing six  per  cent,  per  annum  interest,  payable  semi-annually,  and 
shall  not  be  sold  for  less  than  par  and  accrued  interest,  and  the  pro- 
ceeds of  said  bonds  shall  be  used  exclusively  for  the  purposes 
named  in  this  act  and  shall  not  be  in  violation  of  the  Constitution 
of  this  Commonwealth.  And  provided.  That  said  bonds  shall  not 
be  issued  without  the  assent  of  two-thirds  of  the  voters  of  said  city 
voting  at  an  election  to  be  held  for  that  purpose:  And  provided, 
That,  wherever  the  assent  of  two-thirds  of  the  voters  of  said  city 
has  heretofore  been  obtained  at  an  election  held  for  that  purpose, 
in  conformity  with  the  provisions  of  this  act,  said  assent  is  hereby 
declared  to  be  as  binding  and  legal  and  shall  have  the  same  force 
and  effect  as  if  obtained  since  the  passage  of  this  act.  And  pro- 
vided. Any  indebtedness  contracted  in  violation  of  this  section  shall 
be  void.  And  provided  further.  That  it  shall  be  the  duty  of  the 
county  officers  entrusted  with  the  duty  of  conducting  elections  to 
hold  said  elections  when  requested  so  to  do  by  said  board  of  educa- 
tion, and  the  holding  of  said  election  shall  be  after  fifteen  days' 
notice  in  the  official  paper  of  the  city,  and  the  conduct  and  returns 
of  said  election  shall  be  made  as  provided  in  the  general  election 
law.  And  provided,  The  board  may  pledge  the  property  so  pur- 
chased and  equipped  with  the  proceeds  of  said  bonds  and  all  other 
school  property  and  the  revenue  of  said  board  for  the  payment  of 
the  principal  and  interest  of  said  indebtedness.  And  provided.  That 
said  board  of  education  shall  annually  request  the  general  council 
of  said  city  to  provide  for  the  collection  of  a  sinking  fund  tax  suffi- 
cient to  pay  the  interest  on  said  indebtedness  at  the  time  of  con- 
tracting the  same  and  to  create  a  sinking  fund  for  the  payment 
of  the  principal  thereof  within  the  term  for  which  said 
bonds  are  issued,  and  said  general  council  shall  also  levy  and  collect 
such  other  school  taxes  as  may  be  requested  by  the  board  of  educa- 
tion within  the  limit  fixed  by  statute. 

§  271. — Non-Resident  Pupils — Said  board  shall  have  power  to 
admit  to  said  schools  pupils  from  beyond  the  limits  of  the  city,  and 


114  School  Laws  of  Kentucky, 

i 
may  collect  therefrom  tuition  fees,  for  the  benefit  of  the  school  fund 

of  the  city,  and  no  children  of  persons  residing  beyond  said  limits 

shall  be  admitted  as  pupils  in  any  of  said  schools,  except  on  payment 

of  such  tuition  fees  as  said  board  may  require.     Said  board  may 

elect  or  appoint  such  employes  as  they  deem  necessary,  and  shall 

prescribe  and  fix  the  compensation  of  each,  and  may  dismiss  the 

same  at  pleasure.  J 

§  272. — Teachers — Examination — Said  board  may  appoint  a 
board  of  examiners,  to  consist  of  not  less  than  two  nor  more  than 
five  competent  persons,  whose  duty  it  shall  be,  together  with  the 
superintendent,  to  examine  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  board,  into  the  qualifications  of  all  appli- 
cants for  a  position  as  superintendent,  principal  or  teacher  of  said 
schools.  Provided,  That  no  person  other  than  the  superintendent, 
shall  be  a  member  of  said  board  of  examiners,  who  shall  be  em- 
ployed in  or  connected  with  the  public  schools  of  the  city.  Said 
board  of  examiners  shall  receive  such  compensation,  and  perform 
such  duties  as  may  be  prescribed  by  said  board. 

§  273.— Separate  Schools  for  White  and  Colored  Pupils— The 
said  board  of  education  shall  provide,  maintain  and  support  separate 
schools  wherein  all  colored  children,  who  are  bona  fide  residents  of 
said  city,  between  the  ages  of  six  and  twenty  years,  may  be  taught 
in  like  manner  as  herein  provided  for  white  children.  Said  colored 
schools  shall  be  entitled  to  the  same  benefits,  be  governed  by  the 
same  rules  and  regulations,  and  be  subject  to  the  same  restrictions 
as  the  schools  herein  provided  for  the  white  children. 

§  274. — Member — Officers — Bribery — No  member  of  the  board 
of  education,  or  officer,  or  teacher,  or  employe  thereunder,  shall  be, 
directly  or  indirectly,  interested  in  any  contract,  with  work  done 
for  or  by,  or  furnishing  of  supplies,  or  sale  of  property  to  or  for, 
the  said  board,  be  in  arrears  to  it  for  money  collected  or  held,  with- 
out a  quietus  therefor;  having  been  convicted  of  malfeasance  in 
office,  bribery  or  other  corrupt  practice  or  crime,  or  hold  any  office, 
or  employment  in  any  company  or  corporation  which  has  been,  or 
is  an  applicant  for  any  contract  with  said  board  (stockholders  in 
such  companies  or  corporations  are  not,  however,  herein  included)  ; 
but  they  shall  not  vote  on,  or  interfere  directly  or  indirectly,  with 
any  matter  or  question  affecting  such  company  or  corporation,  in 


School  Laws  of  Kentucky,  115 

any  matter  whatever,  other  than  common  with  the  general  public, 
nor  use  his  official  position  to  secure  the  patronage  of  the  teachers 
or  employes  of  said  board.  Any  person  violating  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  forfeit  his 
office  or  position,  and  be  ineligible  to  be  a  member  of,  hold  any 
office  or  employment  under,  said  board. 

§  275. — Normal  School — Power  to  Establish — The  board  shall 
have  power  to  establish  and  maintain  a  normal  school  or  normal 
training  class  for  the  purpose  of  training  the  graduates  of  the  high 
school  and  others  to  be  teachers  in  the  schools  of  the  city,  and  to 
this  end  it  may  prescribe  such  rules  and  regulations  for  the  govern- 
ment of  said  normal  school  or  normal  training  class,  and  employ  a 
principal  and  other  teachers,  as  may  be  necessary  for  the  mainte- 
nance of  the  said  normal  school  or  normal  training  class. 

§  276. — Treasurer — Powers — Duties — The  treasurer  of  the  city 
shall  be  treasurer  of  said  board  of  education,  and  as  such  shall  keep 
separate  and  distinct  from  all  other  funds  all  moneys,  bonds  and 
securities  belonging  to,  or  which  may  hereafter  be  dedicated  or 
set  apart  for,  public  schools,  and  shall  only  pay  out  or  deliver  any 
of  said  funds,  bonds  or  securities  upon  the  warrant  of  said  clerk, 
and  approved  by  the  president  of  the  board  of  education,  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  said  board. 

§  277. — Clerk — Powers — Duties — Said  board  shall  have  power 
to  appoint  a  clerk,  and  prescribe  his  duties  and  term  of  office,  fix 
his  compensation,  and  pay  the  same  out  of  the  school  fund,  and 
shall  require  of  him  bond  and  security,  if  they  deem  the  same 
necessary.  The  proceedings  of  the  board  of  education  and  copies 
therefrom,  certified  by  its  clerk,  shall  be  taken  in  the  same  manner 
and  have  the  same  force  and  effect  in  courts  and  elsewhere  as  are 
now  given  to  the  proceedings  of  the  general  council. 

§  278. — Funds — Said  board  of  education  shall  have  exclusive 
control  of  all  school  funds  of  the  city,  from  whatever  source  the 
same  may  be  derived,  including  the  pro  rata  of  the  city  from  the 
common  school  fund  from  the  State  of  Kentucky.  They  shall  have 
the  right  to  receive  all  fines,  forfeitures  and  taxes  that  may  inure 
to  the  benefit  of  the  public  schools  of  the  city.  They  shall  have 
power  to  expend  all  moneys  in  the  interest  of  the  public  schools  in 
the  city,  and  the  warrant  of  the  city  clerk,  and  approved  by  the  presi- 


116  School  Laws  of  Kentucky. 

dent  of  the  board,  shall  be  honored  by  the  treasurer  to  the  amount  ' 
of  the  school  fund  in  the  treasury. 

§  279. — Indebtedness — All  indebtedness,  bonded  or  otherwise, 
and  all  liabilities  and  contracts  of  the  school  board  existing  at  the  : 
time  this  takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other  ; 
resources  that  have  been  pledged  or  set  apart  for  the  payment  of 
the  principal  or  the  interest  thereof,  shall  continue  unimpaired  and 
remain  of  the  same  force  and  effect  as  though  the  same  had  been 
authorized  and  contracted  by  the  express  provision  of  this  law,  and 
said  board  may  refund  any  debt  by  the  issuance  of  bonds. 

§  280. — Funds — Appropriation  by  Board — No  money  shall  be 
drawn  from  the  fund  unless  the  same  has  been  appropriated  by 
order  of  the  board  of  education,  and  no  appropriation  of  money 
shall  be  made  to  be  paid  out  of  said  school  fund,  unless  the  money 
shall  actually  be  in  the  treasury  to  meet  the  draft;  and  if  any  ap- 
propriation shall  be  made,  and  there  shall  be  no  money  in  the 
treasury  at  the  time  of  the  making  of  said  appropriation  with  which 
to  pay  the  same,  the  members  or  the  board  of  education  voting 
therefor  shall  be  individually  liable  to  any  party  injured  for  the 
amount  of  damages  sustained  in  consequence  thereof. 

§  281. — Members  of  Board — Election — At  the  first  general 
election  under  this  act  there  shall  be  elected,  as  members  of  said 
board  of  education,  two  persons,  to  be  elected  from  each  ward 
of  the  city,  but  elected  by  the  qualified  voters  at  large  of  the  city, 
subject  to  modifications  as  to  the  qualifications  of  voters  herein 
prescribed.  The  one  person  from  each  ward  receiving  the  highest 
number  of  votes  for  two  years,  and  the  one  from  each  ward  receiv- 
ing the  next  highest  number  of  votes  for  one  year,  and  in  case  two 
receive  the  same  number  of  votes,  the  time  shall  be  decided  by  lot. 
And  on  the  same  day  of  each  year  thereafter  there  shall,  in  like 
manner,  be  elected  one  person  from  each  ward  by  the  voters  at  large 
as  a  member  of  said  board  for  two  years.  All  persons  elected  under 
this  section  shall  assume  the  duties  of  his  office  on  the  first  Monday 
in  January  following  said  election.  Trustees  in  office,  whose  time 
has  not  expired  when  this  act  takes  effect,  shall  remain  in  office 
until  their  successors  are  elected  and  qualified. 

§  282. — President  of  Board — Said  board  of  education  shall  elect 
from  their  own  number  a  president  for  the  term  of  two  years,  and 


School  Laws  of  Kentucky.  117 

may  prescribe  who  shall  preside  in  his  absence,  and  make  all  neces- 
sary rules  prescribing  the  duties  of  the  presiding  officer,  and  the 
government  of  themselves. 

<^  283. — Election — Secret  Ballot — All  votes  at  election  of  mem- 
bers of  said  board  shall  be  by  secret  ballot,  and  after  such  registra- 
tion and  subject  to  such  rules  and  regulations  as  to  manner  of  regis- 
tration as  may  be  prescribed  by  lav^^  for  election  of  State  officers. 

<§  284. — Voters — Qualifications — All  persons  possessing  the 
(jualifications  required  by  this  act  to  make  them  eligible  to  election 
as  members  of  the  board  of  councilmen  shall  be  eligible  to  member- 
ship in  the  board  of  education,  and  all  persons  possessing  qualifica- 
tions required  by  this  act,  or  which  may  be  prescribed  by  ordinance, 
in  order  to  vote  at  elections  for  city  officers,  are  hereby  declared 
qualified  to  vote  at  all  elections  for  members  of  the  board  of  educa- 
tion, and  women  who  may  possess  such  other  qualifications  re- 
quired for  males  are  hereby  declared  to  be  eligible  as  members  of 
said  board  of  education,  but  not  eligible  or  qualified  to  vote  at  any 
election  for  a  member  or  members  of  said  board.     (Act  of  1902.) 

§  285. — Election — The  election  of  members  of  the  board  of  edu- 
cation and  the  registration  of  voters  for  the  purpose  of  such  election 
shall  be  held  in  all  respects  according  to  the  provisions  of  the  gen- 
eral laws  governing  registration  and  elections,  and  no  separate  poll 
or  voting  place  shall  be  required  for  such  registration  or  election. 
(Acts  of  1902.) 

§  286. — In  any  city  of  the  second  class,  where  members  of  the 
school  board  were  elected  at  the  general  election,  1893,  such  mem- 
bers so  elected  shall  hold  their  respective  office  until  the  regular 
election  in  1895.  In  any  city,  where  no  such  election  was  held,  the 
mayor  thereof  shall  appoint  two  members  of  said  board  from  each 
ward  in  the  city,  subject  to  the  approval  of  the  board  of  aldermen, 
and  the  board  so  appointed  shall  hold  their  office,  exercise  the  pow- 
ers, and  be  subject  to  the  regulations  of  this  act,  until  the  regular 
election  in  1895. 

Approved  March  19,  1894. 

Amended  by  Act  approved  March  21,  1902. 


118  School  Laws  of  Kentucky. 

CHAPTER  XVIII. 

PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS 

§  287. — Board  of  Education — Election — Qualification — Time  of 
Meeting — There  shall  be  maintained  a  system  of  public  schools  at 
which  all  the  children  residing  in  the  city  between  the  ages  of  six 
and  twenty  years  may  be  taught  at  the  public  expense.  Said  schools 
shall  be  under  the  control  of  a  board  to  be  styled  "The  Board  of 
Education/'  consisting  of  two  trustees  from  each  ward  in  the  city, 
to  be  elected  at  the  general  November  election  in  1893,  by  the  quali- 
fied voters  of  the  city  at  large.  The  trustees  so  elected  shall  hold 
their  offices  one-half  for  two  years  and  one-half  for  four  years,  as 
shall  be  determined  by  lot  at  the  first  regular  meeting  after  the 
election.  And  at  the  general  election,  every  two  years  thereafter, 
there  shall  be  elected  by  the  qualified  voters  of  the  city  at  large  one 
trustee  from  each  ward  in  the  city  in  which  the  term  of  his  predces- 
sor  in  office  will  then  expire.  Said  trustee  shall  possess  the  same 
qualifications  as  are  required  for  councilmen.  Said  board  of  educa- 
tion shall  continue,  and  it  is  hereby  declared,  a  body-politic  and  cor- 
porate, under  the  name  and  style  of  board  of  education,  with  per- 
petual succession,  and  by  that  name  may  contract  and  be  contracted 
with,  sue  and  be  sued,  have  and  use  a  corporate  seal,  the  same  to 
renew  or  alter  at  pleasure;  may  purchase,  receive,  hold,  lease,  sell 
and  dispose  of  real  and  personal  estate  for  public  school  purposes. 
The  control  and  management  of  the  public  schools  of  the  city,  and 
the  property  and  funds  thereunto  belonging,  shall  be,  and  is  hereby, 
vested  in  said  board,  subject  to  the  provisions  of  this  law.  It  shall 
have  power  to  make  by-laws  and  rules,  not  in  conflict  herewith, 
necessary  for  the  discharge  of  its  duties  and  the  government  of  its 
proceedings.  It  shall  meet  once  in  each  month,  or  oftener  if  neces- 
sary, and  a  majority  elect  of  said  board  shall  constitute  a  quorum 
for  the  transaction  of  business  and  for  the  appropriation  of  money 
or  the  execution  of  a  contract,  the  concurrence  of  two-thirds  of  the 
members  elect  of  said  boards  shall  be  indispensable,  and  the  yeas 
and  nays  shall  be  entered  of  record.  The  meetings  of  said  board 
shall  be  held  in  some  public  place,  and  a  correct  record  of  its  pro- 
ceedings shall  be  kept  in  a  book  provided  for  that  purpose,  which 
shall  be  a  public  record. 


School  Laws  of  Kentucky.  119 

§  288. — Members — Qualification — Vacancies — Said  board  of 
education  shall  determine  the  qualification  of  its  members.  It  shall 
have  the  power  to  fill  until  the  next  general  election  all  vacancies 
in  said  board  occasioned  by  death,  removal  or  other  cause. 

§  289. — Funds — Vested  in  Board  of  Education — All  propert}'- 
now  used  for  public  school  purposes  in  the  city,  or  which  may  at 
any  time  be  owned  by  the  board  of  education,  and  all  the  funds  or 
means  that  are  now  or  may  hereafter  come  under  the  control  of  the 
same,  are  hereby  forever  dedicated  to  the  use  of  public  schools  of 
the  city,  and  the  title  to  all  property,  real  and  personal,  in  the  city 
known  and  used  as  public  school  property,  is  hereby  vested  in  said 
corporation. 

§  290. — Appointment  of  Officers  and  Teachers — Power  to  Build 
and  Purchase  Site — Said  board  of  education  shall  have  power  to 
elect  or  appoint  such  officers  as  may  be  necessary  for  its  own  gov- 
ernment, and  to  require  covenant  with  surety  from  any  or  all 
officers  for  the  faithful  discharge  of  their  duties;  to  make  by-laws 
not  in  conflict  with  this  charter,  the  Constitution  or  laws  of  this 
State,  for  the  carrying  out  of  the  duties  of  their  office,  and  for  the 
government  of  its  own  officers,  schools,  teachers,  pupils  and  em- 
ployes; to  determine  its  own  rules  of  proceedings,  and  to  appoint 
superintendents,  teachers  and  other  officers,  and  employes,  and 
regulate  and  fix  their  terms,  duties  and  compensation,  and  suspend 
or  remove  them  or  any  of  them  for  cause.  Said  board  may  pur- 
chase, build  or  rent  any  ground,  building  or  buildings,  necessary 
or  convenient  for  the  public  school  purposes,  and  may  make  con- 
tract to  that  end;  and  any  property  so  leased,  purchased  or  other- 
wise occupied,  may  be  reserved  by  terms,  deed  or  lease  to  the  public 
schools  of  the  city,  and  if  so  reserved,  shall  not  be  liable  for  any 
debt  or  debts  of  the  city  not  incurred  for  public  school  purposes. 
Said  board  may  also  receive  and  hold,  for  public  school  purposes, 
any  gift  or  devise. 

§  291. — That  said  board  of  education  shall  have  the  power,  two- 
thirds  of  the  trustees  in  office  concurring  therein,  to  be  evidenced 
upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the  journal 
of  its  proceedings,  to  sell  and  convey  such  of  said  school  property 
for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the  same  in 
the  purchase  of  other  lots,  and  buildings  thereon,  other  school 
buildings.     And  said  board  of  edvic^tiqn^  s^all  have  nq  pQ^^r  to 


120  School  Laws  of  Kentucky/. 

divert  or  apply  said  fund,  or  any  part  of  it,  to  any  other  purpose 
whatsoever  than  for  the  purchase  of  grounds  and  the  building 
thereon  school  buildings  for  public  school  purposes,  and  if  it  do  so, 
the  same  shall  be  malfeasance  in  ofhce. 

§  292. — Text  Books — Adoption — Issue  of  Certificates — Said  board 
of  education  shall  have  the  power  to  select  text  books  for  use  in  said 
school,  and  prescribe  the  course  of  study,  and  it  shall  also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its 
superintendent,  principals,  teachers,  and  issue  certificates  to  same. 
It  may  establish  high  schools  and  fix  the  grade  of  public  schools, 
and  prescribe  the  rules  by  which  pupils  may  pass  from  one  grade 
to  another,  and  from  the  graded  school  to  the  high  school.  It  may 
also  establish  and  maintain  kindergartens  and  manual  training 
schools  in  connection  with  the  public  school. 

§  293. — Reports — Said  board  shall  at  the  end  of  each  scholastic 
year  prepare  and  cause  to  be  published  a  printed  statement  showing 
the  number  of  pupils  in  each  school,  with  the  general  condition  and 
educational  progress  made  therein,  the  amount,  character  and  con- 
dition of  all  funds  and  other  property  belonging  to  said  schools, 
together  with  such  information  as  may  be  proper  or  necessary  for 
the  benefit  of  said  schools  and  the  general  public. 

§  294. — Estimate  of  Expense — Levy  and  Collection  of  Taxes — 
Said  board  shall,  within  thirty  days  prior  to  the  time  prescribed 
for  the  levy  to  be  made  in  the  charter  of  cities  of  the  third  class, 
approximately  ascertain  the  amount  of  money  necessary  to  be  used 
to  defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  etc.,  thereof,  and  any  liquidation  of  the  liabili- 
ties during  the  current  fiscal  year,  and  report  the  same,  together 
v/ith  the  estimated  amount  to  be  received  from  the  common  school 
fund  of  the  State,  interest  on  bonds,  endowments,  etc.,  to  the  city 
auditor  or  clerk,  who  shall  thereupon  report  the  same  to  the  general 
council,  and  said  general  council  shall  make  the  necessary  levy  and 
collect  the  tax  to  provide  suitable  school  buildings,  and  to  defray 
the  general  expenses  necessary  for  school  purposes :  Provided, 
That  the  levy  for  any  one  year  shall  not  exceed  fifty  cents  on  each 
one  hundred  dollars  of  value  of  taxable  property  in  the  city  as 
returned  by  the  board  of  equalization.  Said  tax  shall  be  paid  to 
the  board  or  authorized  agent  of  same  as  fast  as  collected. 


School  Laws  of  Kentucky.  121 

§  295.— Separate  Schools  for  White  and  Colored  Pupils— Said 
board  of  education  shall  provide  and  maintain,  out  of  the  funds 
levied  or  otherwise  provided  for  the  purpose,  suitable  buildings, 
teachers,  and  other  employes,  sufficient  for  the  education  of  all 
children  of  the  city  between  six  and  twenty  years  of  age,  and  shall 
provide  separate  buildings  and  schools  for  the  education  of  white 
and  black  pupils ;  and  no  white  child  shall  be  allowed  to  attend  any 
colored  school,  nor  any  colored  child  shall  be  allowed  to  attend 
any  white  school. 

§  296. — Oath  of  Trustee — The  trustees  shall,  before  entering 
upon  the  duties  of  their  office,  take  the  oath,  or  make  affirmation,  as 
prescribed  by  law. 

§  297. — Trustee — Qualification — No  member  of  the  board  of 
education  shall  be  or  become,  directly  or  indirectly,  interested  in 
any  contract,  agreement  or  trade,  touching  the  building  of  school 
bouses,  repairing  of  school  property,  selection  of  text  books  or  other 
thing,  or  use  his  official  position  to  secure  the  patronage  of  the 
teachers  or  employes  of  the  schools.  No  member  of  the  board  of 
education  shall  receive  any  salary  for  his  services  as  such. 

§  298. — Treasurer — Power — Duties — Said  board  of  education 
shall  elect  its  own  treasurer  and  fix  bond  of  same,  who  shall  keep  a 
distinct  account  of  all  moneys  belonging  unto,  or  which  may  here- 
after be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall  only 
pay  out  or  deliver  any  of  said  funds,  upon  the  warrant  of  the  board 
of  education,  countersigned  by  the  secretary,  and  approved  by  the 
president  of  the  board  of  education,  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  said  board. 

<5)  299. — Power  over  Funds — Said  board  of  education  shall  have 
exclusive  control  of  all  school  funds  of  the  city,  from  whatever 
source  the  same  may  be  derived,  including  the  pro  rata  of  the  city 
from  the  common  school  fund  of  the  State.  It  shall  have  the  right 
to  receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the 
benefit  of  the  public  schools  of  the  city.  It  shall  have  power  to 
expend  all  moneys  in  the  interest  of  public  schools  of  the  city,  and 
the  warrants  of  the  board  of  education,  countersigned  by  the 
secretary  and  approved  by  the  president  of  the  board,  shall  be  hon- 
ored by  the  treasurer  to  the  amount  of  the  school  funds  in  his 
custody. 


122  School  Latvs  of  Kentucky. 

§  300. — Indebtedness — All  indebtedness,  bonded  or  otherwise, 
and  all  liabilities  and  contracts  of  the  school  board,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds,  or 
other  resources  that  have  been  pledged  or  set  apart  for  the  payment 
of  the  principal  and  interest  thereof,  shall  continue  unimpaired 
and  remain  of  the  same  force  and  effect  as  though  the  same  had 
been  authorized  and  contracted  by  the  express  provision  of  this  law. 

§  301. — Funds — Paid  on  Order  of  Board — No  money  shall  be 
drawn  from  the  funds,  unless  the  same  shall  have  been  appro- 
priated by  order  of  the  board  of  education,  and  no  appropriation  of 
money  shall  be  made  to  be  paid  out  of  said  school  funds,  unless 
the  money  shall  actually  be  in  the  treasury  to  meet  the  draft. 

§  302. — President  of  Board — Said  board  of  education  shall  elect 
from  its  own  number  a  president,  for  the  term  of  two  years,  and  may 
prescribe  who  shall  preside  in  his  absence,  and  make  all  necessary 
rules,  prescribing  the  duties  of  the  presiding  officer  and  the  govern- 
ment of  itself;  and  said  board  shall  also  elect  a  secretary,  at  a 
salary  to  be  fixed  by  the  board,  whose  duty  it  shall  be  to  keep  a 
record  of  the  proceedings  of  all  regular  and  special  meetings,  coun- 
tersign all  warrants  and  contracts,  and  whose  term  of  office  shall 
be  two  years. 

§  303. — Library — Right  to  Establish — Said  boiard  of  education 
shall  have  the  power  and  right  to  establish  and  maintain  a  public 
school  library,  out  of  any  funds  coming  into  its  hands,  except  that 
received  by  taxation,  or  from  the  State  funds,  and  also  to  purchase 
text  books  for  indigent  children  of  the  city,  and  to  otherwise  expend 
such  moneys  in  the  interest  of  the  public  schools.  Said  board  of 
education  shall  have  the  power  and  right  to  make  rules  and  regula- 
tions governing  said  school  library. 

§  304. — Non-Resident  Pupils — Said  board  shall  have  power  to 
admit  to  said  school  pupils  from  beyond  the  limits  of  the  city,  and 
may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools 
of  the  city,  making  deduction  of  taxes  for  school  purposes  on  prop- 
erty in  said  city  paid  by  parents  of  said  children;  and  no  children 
of  persons  residing  beyond  said  limits  shall  be  admitted  as  pupils 
of  any  of  said  schools  except  on  payment  of  such  tuition  fees  as 
said  board  may  require. 

§  305. — No  section  of  this  chapter  shall  be  so  construed  as  to 
repeal  in  any  wise  any  special  act  or  amendment  thereto  heretofore 


School  Laws  of  Kentucky,  123 

passed  for  any  city  of  the  third  class  for  the  establishment,  main- 
taining and  carrying  on  a  high  school. 

§  306. — For  the  reason  that  cities  of  the  third  class,  in  the 
operation  of  their  government,  need  at  once  some  of  the  provisions 
of  this  act,  and  owing  to  the  manner  of  elections,  an  emergency  is 
declared  to  exist,  and  this  act  shall  take  effect  from  its  approval  by 
the  Governor.     (Act  approved  June  14,  1893.) 

CHAPTER  XIX. 

PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS 

§  307. — Board  of  Education — Powers — Duties — Qualification — 
There  may  be  maintained  a  system  of  public  schools,  at  which  all 
the  children  residing  in  the  city  between  the  ages  of  six  and  twenty 
years  may  be  taught  at  the  public  expense.  Said  school  shall  be 
under  the  control  of  a  board,  to  be  styled  "The  Board  of  Educa- 
tion," consisting  of  two  trustees  from  each  ward  in  the  city,  to  be 
elected  at  the  general  November  election  in  the  year  one  thousand 
eight  hundred  and  ninety-three,  by  the  qualified  voters  of  the  city 
at  large.  They  shall  meet  and  qualify  on  the  first  Monday  in  Jan- 
uary after  their  election.  The  trustees  so  elected  shall  hold  their 
offices  one-half  for  two  years  and  one-half  for  four  years,  as  shall 
be  determined  by  lot,  at  the  first  regular  meeting  after  the  election ; 
every  two  years  thereafter,  there  shall  be  elected  by  the  qualified 
voters  of  the  city  at  large,  one  trustee  from  each  ward  in  the  city  in 
which  the  term  of  his  predecessor  in  office  will  then  expire.  Said 
trustees  shall  possess  the  same  qualifications  as  are  required  for  a 
councilman.  Said  board  of  education  shall  continue,  and  it  is 
hereby  declared,  a  body  politic  corporate,  under  the  name  and  style 
of  board  of  education,  with  perpetual  succession,  and  by  that  name 
may  contract  and  be  contracted  with ;  sue  and  be  sued ;  have  and 
use  a  corporate  seal,  the  same  to  renew  or  alter  at  pleasure;  may 
purchase,  receive,  hold,  lease,  sell  and  dispose  of  real  and  personal 
estate  for  public  school  purposes.  The  control  and  management  of 
the  public  schools  of  the  city,  and  the  property  and  funds  hereunto 
belonging,  shall  be,  and  is  hereby,  vested  in  said  board,  subject  to 
the  provisions  of  this  law.  It  shall  have  power  to  make  by-laws 
and  rules  not  in  conflict  herewith,  necessary  for  the  discharge  of  its 


124  School  Laws  of  Kentucky. 

duties  and  the  government  of  its  proceedings.  It  shall  meet  once 
in  each  month,  or  oftener  if  necessary,  and  a  majority-elect  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  business,  and 
for  the  appropriation  of  money  or  the  execution  of  a  contract,  the 
concurrence  of  two-thirds  of  the  members-elect  of  said  board  shall 
be  indispensable,  and  the  yeas  and  nays  shall  be  entered  of  record. 
The  meetings  of  said  board  shall  be  held  in  some  public  place,  and  a 
correct  record  of  its  proceedings  shall  be  kept  in  a  book  provided 
for  that  purpose,  which  shall  be  a  public  record. 

§  308. — Said  board  of  education  shall  determine  the  qualification 
of  its  members.  It  shall  have  the  power  to  fill,  until  the  next  gen- 
eral election,  all  vacancies  in  said  board  occasioned  by  death, 
removal  or  other  cause. 

§  309. — Funds — How  Vested — All  property  now  used  for  public 
school  purposes  in  the  city,  or  which  may  at  any  time  be  owned  by 
the  board  of  education,  and  all  the  funds  or  means  that  are  now  or 
may  hereafter  come  under  the  control  of  the  same,  are  hereby  for- 
ever dedicated  to  the  use  of  public  schools  of  the  city,  and  the  title 
to  all  property,  real  and  personal,  in  the  city,  known  and  used  as 
public  school  property,  is  hereby  vested  in  said  corporation. 

§  310. — Election  of  Officers — Teachers — Said  board  of  education 
shall  have  power  to  elect  or  appoint  such  officers  as  may  be  neces- 
sary for  its  own  government,  and  to  require  covenant  with  surety 
from  any  or  all  officers  for  the  faithful  discharge  of  their  duties ;  to 
make  by-laws  not  in  conflict  with  this  charter,  the  Constitution  or 
laws  of  this  State,  for  the  carrying  out  the  duties  of  their  office, 
and  for  the  government  of  its  own  officers,  schools,  teachers,  pupils 
and  employes;  to  determine  its  own  rules  of  proceedings,  and  to 
appoint  superintendents,  teachers  and  other  officers  and  employes, 
and  regulate  and  fix  their  terms,  duties  and  compensation,  and  sus- 
pend or  remove  them,  or  any  of  them,  for  cause.  Said  board,  by 
and  with  the  concurrence  of  the  city  council,  may  purchase,  build 
or  rent  any  ground,  building  or  buildings,  necessary  or  convenient 
for  the  public  school  purposes,  and  may  make  contract  to  that  end; 
and  any  property  so  leased,  purchased  or  otherwise  occupied,  may 
be  reserved  by  terms,  deed  or  lease  to  the  public  schools  of  the  city 
and  if  so  reserved  shall  not  be  liable  for  any  debt  or  debts  of  the 
city  not  incurred  for  public  school  purposes.  Said  board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 


School  Laws  of  Kentucky,  125 

§  311. — Prpperty— Power  to  Sell — That  said  board  of  education 
shall  have  the  power  two-thirds  of  the  trustees  in  office  concurring 
therein,  to  be  evidenced  upon  the  call  of  the  yeas  and  nays,  and 
recorded  upon  the  journal  of  its  proceedings,  by  and  with  the  con- 
currence of  the  city  council,  to  sell  and  convey  such  of  said  school 
property  for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the 
same  in  the  purchase  of  other  lots  and  building  thereon  other 
school  buildings.  And  said  board  of  education  shall  have  no 
power  to  divert  or  apply  said  fund  or  any  part  of  it  to  any  other 
purpose  whatsoever  than  for  the  purchase  of  grounds  and  the  build- 
ing thereon  school  buildings  for  public  school  purposes  and  if  it 
do  so  the  same  shall  be  malfeasance  in  office. 

§  312. — Text  Books — Adoption — Issue  Certificates — Said  board 
of  education  shall  have  the  power  to  select  text  books  for  use  in  said 
schools,  and  prescribe  the  course  of  study,  and  it  shall  also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its 
superintendent,  principals,  teachers,  and  issue  certificates  of  same. 
It  may  establish  high  schools  and  fix  the  grade  of  public  schools, 
and  prescribe  the  rules  by  which  pupils  may  pass  from  one  grade 
to  another,  and  from  the  graded  school  to  the  high  school.  It  may 
also  establish  and  maintain  kindergartens  and  manual  training 
schools  in  connection  with  the  public  school. 

§  313. — Reports — Said  board  shall,  at  the  end  of  each  scholastic 
year,  prepare,  and  cause  to  be  published,  a  printed  statement,  show- 
ing the  number  of  pupils  in  each  school,  with  the  general  and  edu- 
cational progress  made  therein,  the  amount,  character  and  condition 
of  all  funds  and  other  property  belonging  to  said  schools,  together 
with  such  information  as  may  be  proper  or  necessary  for  the  benefit 
of  said  schools  and  the  general  public. 

§  314. — Estimate  of  Expenses — Levy  and  Collection  of  Taxes — 
Said  board  shall,  within  thirty  days  prior  to  the  time  prescribed  for 
the  levy  to  be  made  in  the  charter  of  cities  of  the  fourth  class,  ap- 
proximately ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  et  cetera,  thereof  and  any  liquidation  of  the 
liabilities  during  the  current  fiscal  year,  and  report  the  same,  to- 
gether with  the  estimated  amount  to  be  received  from  the  common 
school  fund  of  the  State,  interest  on  bonds,  endowments,  et  cetera, 
to  the  city  auditor  or  clerk,  who  shall  thereupon  report  the  same 


126  School  Laws  of  KentucJcy. 

to  the  city  council,  and  the  said  city  council  shall  make  the  neces- 
sary levy,  and  collect  the  tax  to  provide  suitable  school  buildings, 
and  to  defray  the  general  expenses  necessary  for  school  purposes: 
Provided,  That  the  levy  for  any  one  year  shall  not  exceed  fifty 
cents  on  each  one  hundred  dollars  of  value  of  taxable  property  in 
the  city  as  returned  by  the  board  of  equalization.  Said  tax  shall  be 
paid  to  the  board  or  authorized  agent  of  same  as  fast  as  collected. 

§  315. — Separate  Schools  for  White  and  Colored  Pupils — Said 
board  of  education  shall  provide  and  maintain,  out  of  the  funds 
levied  or  otherwise  provided  for  the  purpose,  suitable  buildings, 
teachers,  and  other  employes,  sufficient  for  the  education  of  all 
children  of  the  city  between  six  and  twenty  years  of  age,  and  shall 
provide  separate  buildings  and  schools  for  the  education  of  white 
and  black  pupils ;  and  no  white  child  shall  be  allowed  to  attend  any 
colored  school,  nor  shall  any  colored  child  be  allowed  to  attend  any 
white  school. 

§  316. — Oath  of  Trustee — The  trustees  shall,  before  entering 
upon  the  duties  of  their  office,  take  oath,  or  make  affirmation,  as 
prescribed  by  law. 

§  317. — No  member  of  the  board  of  education  shall  be  or 
become,  directly  or  indirectly,  interested  in  any  contract,  agree- 
ment or  trade,  touching  the  building  of  schoolhouses,  repairing  of 
school  property,  or  use  his  official  position  to  secure  the  patronage 
of  the  teachers  or  employes  of  the  schools.  No  member  of  the 
board  of  education  shall  receive  any  salary  for  his  services  as  such. 

§  318. — Treasurer — Power — Duties — Said  board  of  education 
shall  elect  its  own  treasurer  and  fix  bond  of  same,  who  shall  keep 
a  distinct  account  of  all  moneys  belonging  unto,  or  which  may 
hereafter  be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall 
only  pay  out  or  deliver  any  of  said  funds  upon  the  warrant  of  the 
board  of  education,  countersigned  by  the  secretary,  and  approved 
by  the  president  of  the  board  of  education,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  said  board. 

§  319. — Funds — Said  board  of  education  shall  have  exclusive 
control  of  all  school  funds  of  the  city,  from  whatever  source  the 
same  may  be  derived,  including  the  pro  rata  of  the  city  from  the 
common  school  fund  of  the  State.  It  shall  have  the  right  to  receive 
all  fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the 
public  schools  of  the  city.    It  shall  have  power  to  expend  all  moneys 


I 


School  Laws  of  Kentucky,  127 

in  the  interest  of  the  public  schools  of  the  city,  and  the  warrants 
of  the  board  of  education,  countersigned  by  the  secretary  and  ap- 
proved by  the  president  of  the  board,  shall  be  honored  by  the 
treasurer  to  the  amount  of  the  school  funds  in  his  custody. 

§  320. — Indebtedness — All  indebtedness,  bonded  or  otherwise, 
and  all  liabilities  and  contracts  of  the  school  board,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds  or 
other  resources  that  have  been  pledged  or  set  apart  for  the  payment 
of  the  principal  and  interest  thereof,  shall  continue  unimpaired,  and 
remain  of  the  same  force  and  effect  as  though  the  same  had  been 
authorized  and  contracted  by  the  express  provisions  of  this  law. 

§  321. — Appropriation  of  Money — No  money  shall  be  drawn 
from  the  funds,  unless  same  shall  have  been  appropriated  by  order 
of  the  board  of  education,  and  no  appropriation  of  money  shall  be 
made  to  be  paid  out  of  said  school  funds,  unless  the  money  shall 
actually  be  in  the  treasury  to  meet  the  draft. 

§  322. — President — How  Elected — Salary — Said  board  of  educa- 
tion shall  elect  from  its  own  number  a  president,  for  the  term  of  two 
years,  and  may  prescribe  who  shall  preside  in  his  absence,  and 
make  all  necessary  rules,  prescribing  the  duties  of  the  presiding 
officer  and  the  government  of  itself;  and  said  board  shall  also  elect 
a  secretary,  at  a  salary  not  exceeding  one  hundred  dollars  per 
annum,  whose  duty  it  shall  be  to  keep  a  record  of  the  proceedings 
of  regular  and  special  meetings,  countersign  all  warrants  and  con- 
tracts, and  whose  term  of  office  shall  be  two  years. 

§  323. — Library — Right  to  Establish — Said  board  of  education 
shall  have  the  power  and  right  to  establish  and  maintain  a  public 
school  library,  out  of  any  funds  coming  into  its  hands,  except  that 
received  by  taxation,  or  from  the  State  funds,  and  also  to  purchase 
text  books  for  indigent  children  of  the  city,  and  to  otherwise  expend 
such  moneys  in  the  interest  of  public  schools.  Said  board  of  educa- 
tion shall  have  the  power  and  right  to  make  rules  and  regulations 
governing  said  school  library. 

§  324. — Non-resident  Pupils — Said  board  shall  have  the  power 
to  admit  to  said  school  pupils  from  beyond  the  limits  of  the  city, 
and  may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools 
of  the  city,  making  deduction  of  taxes  for  school  purposes  on  prop- 
erty in  said  city  paid  by  parents  of  said  children ;  and  no  children  of 
persons  residing  beyond  said  limits  shall  be  admitted  as  pupils  in 


128  School  Laws  of  Kentuchy, 

any  of  said  schools  except  on  payment  of  such  tuition  fees  as  said 
board  may  require. 

§  325. — Any  city  of  the  fourth  class  in  which  said  system  of 
public  schools  shall  be  established  and  maintained,  shall  constitute 
one  common  school  district,  and  the  Superintendent  of  Public  In- 
struction shall  pay  every  year,  out  of  the  common  school  fund  of 
the  State  to  the  white  board  of  education,  the  same  amount  per 
capita,  for  each  white  child  of  pupil  age  in  said  district,  and  to  the 
colored  board  of  education  the  same  amount  per  capita,  for  each 
colored  child  of  pupil  age  in  said  district,  as  he  shall  pay  to  each 
child  of  pupil  age  in  other  school  districts  in  the  State.  Whenever 
the  board  of  council  of  any  city  of  this  class  shall  determine,  by 
ordinance,  to  establish  and  maintain  a  system  of  public  schools 
therein,  under  the  provisions  of  the  act  mentioned  in  the  title  of 
this  act,  or  in  case  there  was  a  failure  at  the  last  election  provided 
for  in  said  act  to  elect  a  board  of  education  in  any  city  of  the  fourth 
class,  the  board  of  council  shall  have  the  power  and  authority  to 
appoint  trustees  for  such  school  to  serve  until  the  election  and 
qualification  of  trustees  as  provided  in  section  307,  as  amended 
herein.  (Act  approved  June  28,  1903.)  [Note — An  Act  published 
below  amends  certain  sections  of  the  foregoing.  Approved  March, 
18,  1904.] 

§  326. — Power  of  Fourth  Class  Cities  to  Establish  Schools — 
White  and  Colored  Schools — That  any  city  of  the  fourth  class 
having  heretofore  organized  a  system  of  free  graded  schools  for  the 
education  of  the  white  and  colored  pupils  of  said  city,  under  and  by 
virtue  of  the  charter  for  cities  of  the  fourth  class,  and  managed  and 
controlled  by  a  Board  of  Education,  may,  by  ordinance  passed  by 
its  general  council  separate  said  system  of  graded  free  schools  into 
a  graded  free  white  common  school  for  the  white  pupils  of  said  city, 
and  into  a  graded  free  colored  common  school  for  the  colored  pupils 
of  said  city.  When  said  system  of  schools  has  been  so  changed 
and  separated  as  hereinbefore  provided,  each  system  shall  be  gov- 
erned and  controlled  by  a  board  of  six  trustees  elected  or  appointed, 
as  now  provided  by  general  law  for  the  government  of  graded  free 
white  and  colored  schools.  Each  of  said  systems  of  graded  free 
white  and  colored  schools  shall  be  supported  and  maintained  by 
its  pro  rata  share  of  the  State  School  Fund,  which  shall  be  paid  by 
the  State  Superintendent  of  Public  Instruction  direct  to  said  trus- 


School  Latvs  of  Kentucky,  129 

tees  or  their  treasurer  and  by  such  local  taxation  as  may  be  or  now 
is  provided  by  law.  No  tax  raised  from  the  property  or  poll  of  any 
white  person  or  corporation  in  said  city  shall  be  used  for  the  sup- 
port of  said  graded  free  colored  common  schools  of  said  city,  nor 
shall  any  tax  raised  from  the  property  or  poll  of  any  colored  person 
be  used  for  the  support  of  said  graded  free  white  common  school 
of  said  city.  Said  city  shall  fix  by  ordinance  the  maximum  amount 
of  tax  that  shall  be  levied  in  any  one  year  on  the  one  hundred  dol- 
lars worth  of  property  owned  by  the  white  citizens  and  corporations 
of  said  city  and  the  maximum  noil  tax  that  shall  be  levied  upon  each 
white  male  citizen  ovc:  tne  age  of  twenty-one  years,  residing  in 
said  city,  for  white  school  purposes  not  to  exceed  the  amount  fixed 
by  law,  and  likewise  the  maximum  amount  that  shall  be  levied  upon 
the  one  hundred  dollars  worth  of  property  owned  by  each  colored 
person  in  said  city,  and  the  maximum  poll  tax  that  shall  be  levied 
upon  each  colored  male  citizen  over  the  age  of  twenty-one  years, 
residing  in  said  city,  for  colored  school  purposes  not  to  exceed  the 
amount  fixed  by  law  and  when  said  amounts  have  been  fixed  the 
respective  boards  of  trustees  of  said  schools  shall  not  levy  and 
collect  a  greater  amount.  After  said  systems  of  graded  free  white 
and  colored  common  schools  have  been  established  as  hereinbefore 
provided  for,  the  same  shall  be  maintained,  managed  and  controlled 
as^  provided  for  by  general  law  for  such  schools.  The  city  council 
shall  appoint  a  board  of  trustees  for  each  of  said  systems  of  graded 
free  white  and  colored  schools  who  shall  act  as  trustees  for  said 
schools  until  the  next  succeeding  regular  election,  when  their  suc- 
cessors shall  be  elected.  When  said  system  of  graded  free  common 
schools  herein  provided  for  shall  have  been  established,  the  board 
of  education  of  said  city  shall  convey  all  the  free  school  property  in 
said  city  used  by  the  white  pupils  to  the  board  of  trustees  for  the 
graded  free  white  common  schools,  and  all  the  free  school  property 
in  said  city  used  by  the  colored  pupils,  to  the  board  of  trustees  for 
the  graded  free  colored  common  school.  If  the  city  council  shall 
pass  an  ordinance  as  hereinbefore  provided  for,  separating  the 
white  and  colored  schools,  either  the  white  persons  or  the  colored 
persons  living  in  said  district  may  hold  an  election  as  provided  by 
the  laws  governing  school  elections  in  said  district  for  the  purpose 
of  abolishing  the  white  or  colored  graded  common  school  system 
herein  existing,  {he  white  persons  only  to  vote  with  reference  to 


I 


130  School  Laws  of  Kentucky, 

the  white  graded  common  schools,  and  the  colored  persons  only  to 
vote  with  reference  to  the  colored  graded  common  schools ;  and  if 
such  election  shall  be  held  and  the  majority  of  the  votes  cast  at 
same  shall  be  in  favor  of  abolishing  the  white  or  colored  graded 
common  school  system  in  said  district,  the  same  shall  be  abolished. 
All  laws  in  conflict  herewith  are  hereby  repealed.  (Approved 
March  21,  1904.) 

CHAPTER  XX. 

STATE  NORMAL  SCHOOLS. 

'^  327.— State  Normal  Schools  Created— Committee  to  be  Ap- 
pointed to  Fix  Boundaries — That  the  State  of  Kentucky  be  divided 
into  two  State  Normal  school  districts  and  that  they  be  called  the 
Eastern  Kentucky  State  Normal  School  District  and  the  Western 
Kentucky  State  Normal  School  District  and  that  there  be  estab- 
lished and  maintained  two  State  Normal  Schools  in  this  State  as 
follows :  The  Eastern  Kentucky  State  Normal  School  located  in  the 
Eastern  Normal  School  District  at  Richmond,  Kentucky,  and  the 
Western  Kentucky  State  Normal  School,  located  in  the  Western 
Normal  School  District  at  Bowling  Green,  Kentucky,  the  boundaries 
of  which  two  Normal  School  Districts  shall  be  fixed  the  year  follow- 
ing, and  on  the  basis  of  every  federal  census,  by  a  commission  con- 
sisting of  the  State  Superintendent  of  Public  Instruction  and  the 
President  of  the  Eastern  and  Western  Kentucky  State  Normal 
Schools,  and  which  districts  shall  always  be  as  near  equal  as  may  be 
in  white  population.    (Section  as  amended  by  Act  of  1908.) 

§  328. — Objects — The  object  of  said  State  normal  schools  shall 
be  to  more  fully  carry  into  effect  the  provisions  of  section  one 
hundred  and  eighty-three  of  the  Constitution  of  Kentucky,  by  giv- 
ing to  the  teachers  of  the  Commonwealth  such  training  in  the 
common  school  branches,  in  the  science  and  art  of  teaching,  and  in 
such  other  branches  as  may  be  deemed  necessary  by  the  Normal 
Executive  Council,  hereinafter  created,  as  will  enable  them  to  make 
the  schools  throughout  the  State  efficient. 

§  329. — Board  of  Regents  Created — There  is  hereby  created  a 
Board  of  Regents  for  each  of  said  normal  schools,  to  be  known, 
respectively,  as  "The  Board  of  Regents  for  Normal  School  Districtj 


School  Laws  of  Kentucky,  131 

No.  1"  and  the  "Board  of  Regents  for  Normal  School  District  No. 
2."  Said  board  shall  have  perpetual  succession,  with  power  to  con- 
tract and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded, to  receive  by  any  legal  mode  of  conveyance  property  of 
any  description,  and  to  have  and  hold  and  enjoy  the  same;  also  to 
make  and  use  a  corporate  seal,  with  power  to  alter  the  same;  to 
adopt  by-laws,  rules  and  regulations  for  the  government  of  their 
members,  official  agents  and  employes :  Provided,  Such  by-laws 
shall  not  conflict  with  the  Constitution  of  the  United  States  or  with 
the  Constitution  of  the  State  of  Kentucky. 

§  330. — ^The  Board  of  Regents  for  each  of  said  schools  shall  be 
composed  of  five  members,  including  the  Superintendent  of  Public 
Instruction,  who  shall  be  a  member  and  chairman  of  each  of  said 
boards. 

§  331. — Appointment  and  Terms  of  Board  of  Regents — Within 
thirty  days  after  the  selection  of  the  normal  school  sites,  as  herein- 
after provided  the  Governor  shall  appoint  four  regents  for  each  of 
said  normal  schools,  two  of  which  shall  serve  for  two  years  and  two 
for  four  years,  and  until  their  successors  are  appointed  and  quali- 
fied; and  two  members  shall  be  appointed  in  like  manner  every  two 
years  thereafter  to  serve  for  a  term  of  four  years  each ;  and,  when- 
ever a  vacancy  or  vacancies  occur  in  either  of  said  boards  by  death, 
resignation,  removal  from  district,  or  by  the  operation  of  this  law, 
or  otherwise,  the  Governor  shall,  in  like  manner,  immediately 
appoint  some  competent  person  or  persons  to  fill  such  vacancy  or 
vacancies.  The  person  or  persons  so  appointed  shall  hold  office 
for  the  unexpired  term :  Provided,  That  no  two  members  of  either 
of  said  boards  shall  be  residents  of  any  one  county,  and  that  not 
more  than  three  members  of  any  of  said  boards,  including  the  Su- 
perintendent of  Public  Instruction,  shall  belong  to  the  same  political 
party. 

§  332. — Said  regents  shall  hold  their  offices  for  a  term  of  four 
years  from  the  first  day  of  April  .next  preceding  their  appointment, 
and  until  their  successors  are  duly  appointed  and  qualified,  except 
such  as  may  be  appointed  to  fill  vacancies,  who  shall  hold  office  for 
the  unexpired  term  only. 

§  333.— Election  of  Officers  of  Board— Each  of  said  Board  of 
Regents  shall  hold  its  first  meeting  within  thirty  days  after  its  ap- 
pointment, the  time  and  place  of  meeting  to  be  designated  by  the 


132  School  Laws  of  Kentucky, 

Superintendent  of  Public  Instruction,  who  shall  administer  the 
oath  of  office  to  each  member.  At  this  meeting  there  shall  be 
selected  a  vice-president  and  a  secretary  for  each  of  said  boards. 
Said  board  shall  also  appoint  a  treasurer  and  such  officers  as  it 
may  deem  necessary,  but  no  member  of  either  of  said  boards  shall 
be  selected  as  treasurer. 

§  334. — Meetings  to  be  Held  by  Board — ^Each  board  shall  meet 
quarterly  at  such  time  and  places  as  may  be  agreed  upon  and,  until 
the  buildings  are  arranged  for  and  completed,  and  as  much  oftener 
as  may  be  necessary,  but  thereafter  the  regular  meetings  of  each 
of  said  boards  shall  be  held  at  its  respective  normal  school  building. 

§  335. — A  majority  of  the  members  of  said  board  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  no  appropriation  of 
money,  nor  any  contract  which  shall  require  any  appropriation  or 
disbursement  of  money,  shall  be  made,  nor  teacher  ernployed  or 
dismissed,  unless  a  majority  of  all  the  members  of  the  board  shall 
vote  for  the  same. 

§  2>Z6. — Powers  and  Duties — Each  board  of  Regents  shall  have 
general  control  and  management  of  its  normal  school ;  shall  possess 
full  power  and  authority  to  adopt  all  needful  rules  and  regulations 
for  the  guidance  and  supervision  of  the  conduct  of  the  students  of 
any  department  thereof;  to  enforce  obedience  to  such  rules,  to 
invest  the  faculty  with  the  power  to  suspend  or  expel  any  pupil  for 
disobedience  to  such  rules  or  for  any  contumacy,  insubordination 
or  immoral  conduct,  and  have  authority  to  appoint  or  dismiss  all 
officers  and  teachers,  to  require  such  reports  from  officers  and 
instructors  as  it  may  deem  necessary,  to  appoint  a  treasurer  for 
such  school  and  to  determine  the  amount  of  his  bond,  which  amount 
shall  not  be  less  than  ten  thousand  dollars. 

§  2>Z7. — Normal  Executive  Council — The  Superintendent  of 
Public  Instruction,  together  with  the  president  or  head  executive 
officer  of  each  State  normal  school  herein  created,  shall  constitute 
a  Normal  Executive  Council,  whose  duty  it  shall  be  to  prescribe 
the  course  of  study  to  be  taught  in  each  State  normal  school,  and 
the  educational  qualifications  for  admission  to  and  graduation  from 
same. 

§  338. — At  the  first  meeting  of  the  Normal  Executive  Council, 
which  shall  occur  within  one  month  after  the  election  of  the  presi- 
dents of  the  said  normal  schools  herein  created,  there  shall   be 


Sv 


School  Laws  of  Kentucky,  133 

elected  from  said  council  a  vice-president  and  a  secretary;  the 
Superintendent  of  Public  Instruction  shall  be  ex-officio  president 
of  the  council. 

§  339. — This  council  shall  hold  its  meetings  annually  or  as 
much  oftener  as  may  be  deemed  necessary  at  the  State  Capitol  or 
at  one  of  the  normal  school  buildings,  the  place  of  meeting  to  be 
determined  by  the  Superintendent  of  Public  Instruction,  and  a 
majority  of  the  members  shall  constitute  a  quorum. 

§  340. — Board  of  Regents  to  Confer  Certificates — Reports — En- 
dorsement of  Certificate  by  Superintendent  of  Public  Instruction — 
County  Superintendent  May  Revoke — Secretary  of  Board  of  Re- 
gents Must  Report  to  Superintendent  of  Public  Instruction — Each 
Board  of  Regents  shall  have  full  power  and  authority  subject  to  the 
approval  of  the  State  Superintendent  of  Public  Instruction,  to 
confer,  under  its  corporate  seal,  upon  students  of  said  schools  the 
following  certificates,  viz:  An  ^'Elementary  Certificate,"  and  "In- 
termediate Certificate"  and  "Advanced  Certificate."  The  Elemen- 
tary Certificate  shall  be  conferred  upon  the  completion  of  one 
year's  work,  and  shall  entitle  the  holder  thereof  to  teach  in  any 
public  school  in  this  State  for  the  period  of  two  years  from  the  date 
thereof  without  further  examination.  The  Intermediate  Certificate 
shall  be  conferred  upon  the  completion  of  two  years'  work,  and  shall 
entitle  the  holder  thereof  to  teach  in  any  public  school  in  this  State 
for  a  period  of  four  years  from  the  date  thereof  without  further 
examination.  The  Advanced  Certificate  shall  be  conferred  upon  the 
completion  of  three  years'  work,  and  shall  entitle  the  holder  thereof 
to  teach  in  any  public  school  in  this  State  for  a  period  of  three 
years  from  the  date  thereof  without  further  examination,  and  if  at 
the  end  of  the  three  years  a  teacher  holding  an  Advanced  Certificate 
shall  present  to  the  Board  of  Regents  which  granted  the  same 
satisfactory  evidence  of  successful  teaching  during  said  period,  and 
of  good  moral  character,  then  the  Advanced  Certificate  may  be 
extended  for  life,  or  good  behavior,  by  said  Board,  subject,  however 
to  the  approval  of  the  State  Superintendent  of  Public  Instruction ; 
and  it  shall  be  so  endorsed  by  the  said  Board,  and  the  holder 
thereof  shall  be  entitled  to  teach  in  any  public  school  in  this  State 
during  good  behavior  without  further  examination.  The  official 
endorsement  of  the  State  Superintendent  of  Public  Instruction  shall 
be  necessary  to  validate  any  certificate  or  extension  thereof  above 


134  School  Laws  of  Kentucky, 

named.  Any  certificate  may  be  revoked  for  cause  by  the  Board  of 
Pegents  of  the  school  granting  the  same,  or  by  the  State  Superin- 
tendent of  Public  Instruction.  Any  County  Superintendent  may, 
for  cause,  revoke  for  his  county  any  certificate,  of  which  revocation 
immediate  notice  shall  be  given  to  the  State  Superintendent  of  Pub- 
lic Instruction,  and  he  shall  have  power  to  approve  or  reverse  such 
revocation.  The  Secretary  of  the  Board  of  Regents  sliall  annually 
on  or  before  the  first  day  of  August,  transmit  to  the  State  Superin- 
tendent of  Public  Instruction  the  names  of  those  receiving  such 
certificates,  their  date  of  issue,  and  the  place  of  residence  of  each 
holder,  and  the  State  Superintendent  shall  annually,  not  later  than 
August  the  15th,  forward  to  each  County  School  Superintendent  a 
printed  list  of  persons  holding  State  certificates  then  in  force,  and 
those  authorized  to  teach  under  the  provisions  of  this  section,  giving 
names,  residences,  dates  of  qualification,  and  by  whom  conferred, 
and  the  date  on  which  each  Normal  certificate  shall  expire;  and 
the  holder  of  such  certificate  shall,  before  commencing  to  teach  a 
public  school  in  any  county  in  this  State,  notify  the  County  Super- 
intendent thereof  of  such  fact,  give  date  of  qualification  and  by 
whom  conferred,  and  the  County  School  Superintendent  shall 
verify  same  by  examination  of  the  list  sent  him  by  the  State  Super- 
intendent, and  if  found  correct,  shall  duly  record  the  said  teacher 
ss  eligible  to  teach  in  such  county. 

§  341. — Power  to  Remove  Officers  and  Fix  Compensation — The 
Boards  of  Regents  shall  have  power  to  appoint  and  to  remove  the 
president,  professors  and  teachers  of  the  normal  schools,  to  fix  their 
compensation,  the  commencement  and  termination  of  their 
respective  terms  of  office,  not  to  exceed  two  years  for  any  one  term. 

§  342. — Causes  for  Removal  of  Officers  and  Teachers — No  presi- 
dent, professor  or  teacher  shall  be  removed  except  for  incom- 
petency, neglect  or  refusal  to  perform  his  duty,  or  for  immoral 
conduct ;  nor  shall  such  president,  professor  or  teacher  be  removed 
until  after  ten  days'  notice  in  writing,  stating  the  nature  of  the 
charges  preferred;  and  such  person  shall  have  an  opportunity  to 
make  a  defense  before  the  board,  by  counsel  or  otherwise,  and  shall 
be  allowed  to  introduce  testimony,  which  shall  be  heard  and 
determined  by  the  board.  In  every  case  of  the  suspension  or  expul- 
sion of  a  student  by  the  faculty,  the  person  so  suspended  or  ex- 
pelled shall  be  allowed  to  appeal  from  the  decision  of  the  faculty  to 


School  Laws  of  Kentucky,  135 

the  Board  of  Regents,  and  it  shall  be  the  duty  of  the  Board  of 
Regents  to  prescribe  the  manner  and  mode  of  proceeding  in  the 
matter  of  such  appeal;  but  the  decision  of  the  Board  of  Regents 
shall  be  final. 

§  343. — Special  Meetings — Upon  the  written  request  of  any  two 
members  of  the  Board  of  Regents,  or  at  the  request  of  the  faculty, 
signed  by  the  president  and  certified  by  the  secretary  thereof,  the 
chairman  of  the  Board  of  Regents  may  call  a  special  meeting  and 
the  object  or  objects  thereof,  and  no  other  business,  shall  be  trans- 
acted at  such  meeting,  unless  all  the  members  of  the  board  are 
present  and  consent  thereto. 

§  344. — Mileage  Allowed  Board — No  member  of  the  Board  of 
Regents,  nor  member  of  the  Normal  Executive  Council,  shall  draw 
any  salary  for  services  as  such,  but  shall  receive  six  cents  per  mile 
for  every  mile  necessarily  traveled  in  going  to  and  from  each  meet- 
ing for  the  board,  and  other  legitimate  expenses,  to  be  paid  out 
of  the  contingent  fund  of  the  school. 

§  345. — Board  and  OfBcers  not  to  be  Interested  in  Sales  or  Con- 
tracts— No  president,  professor,  teacher,  regent,  member  of  the 
Normal  Executive  Council  or  other  officer  or  employe  shall  keep 
for  sale,  or  be  interested,  directly  or  indirectly,  in  any  contract  or 
purchase  for  the  building  or  repairing  any  structure,  or  for  fencing 
or  ornamenting  the  grounds,  or  furnishing  any  supplies  or  material 
for  the  use  of  said  normal  school.     (Acts  of  1906.) 

§  346. — Annual  Report  to  the  State  Superintendent  of  Public 
Instruction — The  President  of  each  Normal  School  shall  make  to 
his  Board  of  Regents  written  reports  in  duplicate  during  the  month 
of  August  of  each  year,  which  shall  contain  a  full  account  of  all 
receipts  of  moneys  from  appropriations,  tuitions,  fees  and  all  other 
sources,  and  the  disbursements  thereof,  and  for  what  purpose,  and 
the  condition  of  said  Normal  School;  shall  also  report  a  list  of  the 
names  and  places  of  residence  of  all  students  that  may  have  been 
taught  in  the  Normal  School  during  the  preceding  year,  the  number 
of  terms  enrolled,  the  number  of  days  each  has  taught  and  the 
amount  of  tuition  and  incidental  fees  paid;  one  of  which  reports 
shall  be  filed  in  the  office  of  the  Secretary  of  the  Board  of  Regents, 
and  the  other  transmitted  to  and  filed  in  the  office  of  Superintend- 

rnt  of  Public  Instruction  at  Frankfort,  Kentucky.  (Section  as 
mended  by  Act  of  1908.) 


136  School  Laws  of  Kentucky, 

§  347. — Treasurer  to  Execute  Bond — The  treasurer  of  the 
respective  Board  of  Regents,  before  he  enters  upon  the  duties  of 
his  office,  shall  enter  into  a  bond  to  the  Commonwealth  of  Ken- 
tucky, with  not  less  than  two  solvent  sureties  or  a  guarantee  com- 
pany authorized  to  do  business  in  Kentucky,  in  a  sum  of  not  less 
than  ten  thousand  dollars,  to  be  approved  by  the  board,  conditioned 
that  he  will  faithfully  perform  all  the  duties  required  of  him  by  law 
as  such  treasurer,  which  bond  shall  be  filed  with  the  secretary  of 
the  board. 

§  348. — Treasurer  to  Receive  and  Disburse  Moneys — Compen- 
sation— It  shall  be  the  duty  of  the  treasurer  of  the  board  to  receive 
and  disburse  all  moneys  under  the  control  of  the  Board  of  Regents 
and  perform  all  such  acts  as  pertain  to  his  office,  under  the  direction 
of  the  Board  of  Regents,  and  to  make  a  report  of  the  same  to  the 
board  at  its  quarterly  meetings.  In  the  month  of  August  of  each 
year,  the  treasurer  of  said  board  shall  also  make  and  furnish  to 
the  Board  of  Regents,  to  be  by  it  transmitted  to  the  State  Superin- 
tendent of  Public  Instruction,  an  abstract  of  which  shall  contain 
full  account  of  all  moneys  received  and  disbursed  by  the  school 
during  the  preceding  year,  stating  from  what  source  received  and 
on  what  account  paid  out,  and  the  amount  paid  to  each  professor, 
teacher  or  other  officer  of  the  school;  and  on  oV  before  the  second 
Monday  in  January,  one  thousand  nine  hundred  and  eight,  and 
every  two  years  thereafter,  said  treasurer  shall  also  report  to  the 
Board  of  Regents,  to  be  by  it  transmitted  to  the  General  Assembly, 
an  itemized  statement  of  all  receipts  and  expenditures  for  the  two 
calendar  years  preceding,  showing  minutely  all  disbursements  of 
moneys  received  from  the  State  or  other  sources.  The  compensa- 
tion of  the  treasurer  shall  be  fixed  by  the  Board  of  Regents. 

§  349.— Duties  of  Secretary — Compensation — It  shall  be  the 
duty  of  the  secretary  of  the  boards  to  keep  and  preserve  all  records, 
books  and  papers  belonging  to  the  board.  He  shall  keep  a  journal 
of  the  proceedings  of  the  board,  in  which,  if  requested  by  any  mem- 
ber of  the  Board  of  Regents,  the  ayes  and  noes  on  all  questions 
shall  be  entered.  He  shall  prepare,  under  the  direction  of  the  board, 
all  reports,  estimates  and  to  execute  all  such  matters  as  belong  to 
his  office.    His  compensation  shall  be  fixed  by  the  board. 

§  350. — Provisions  for  Payment  of  Indebtedness — The  respect- 
ive Boards  of  Regents  shall,  at  their  regular  meetings,  provide  for 


School  Laws  of  Kentucky,  137 

the  payment  of  any  indebtedness  of  the  school,  and  for  that  purpose 
they  shall  set  apart  all  moneys  which  may  be  derived  from  tuition 
or  other  fees  paid  by  students  to  the  payment  of:  First,  the  inci- 
dental expenses  of  such  school;  and,  second,  the  payment  of  such 
indebtedness;  and  until  such  indebtedness  shall  be  fully  paid  off, 
no  part  of  the  fund  derived  from  tuition  or  other  incidental  fees 
shall  be  used  for  the  payment  of  professors,  teachers  or  other 
officers  or  employes  of  such  school,  nor  shall  the  board,  until  such 
indebtedness  be  fully  paid,  make  any  contract  for  the  hire,  employ- 
ment or  payment  of  professors,  teachers  or  other  officials,  or  em- 
ployes of  such  schools  that  will  be  a  greater  sum  of  money  for  the 
annual  payment  thereof  than  the  amount  of  the  appropriation  by 
the  State  for  the  support  of  said  school  for  that  year. 

§  351.— .-All  appropriations  made  by  the  General' Assembly  for 
the  support  of  normal  schools,  or  for  the  benefit  thereof,  and  all 
grants,  gifts,  bequests  or  donations  by  any  individual  or  corpora- 
tion for  a  specified  use  shall  be  applied  to  such  use  or  uses  and  no 
other.     (Acts  of  1906.) 

§  352. — Gratuitous  Instruction — Pupils — How  Chosen — Each 
county  in  the  State  shall  be  the  unit  of  appointment;  and  each 
county  shall  be  entitled  annually  to  appointment  to  free  tuition  in 
the  Normal  School  of  the  district  in  which  it  is  located,  of  one  white 
pupil  for  every  five  hundred,  and  fraction  thereof  over  two  hundred 
and  fifty,  of  white  school  children,  based  on  the  last  official  school 
census  preceding  the  appointment.  Said  pupils  so  appointed  shall 
be  chosen  as  follows :  The  Superintendent  of  Schools  in  each 
county  shall  receive  and  register  the  names  of  all  applicants  for 
admission  to  said  schools  and  shall  examine  such  applicants  at  such 
time  and  in  such  manner  as  the  Normal  Executive  Council  may 
direct,  and  the  applicants  found  to  possess  the  highest  qualifications, 
and  who  are  of  good  character,  shall  be  accepted  as  the  pupils  to 
which  said  county  is  entitled.  Said  appointment  shall  be  for  the 
full  term  of  the  prescribed  course  of  study  in  the  school;  any 
vacancy  in  any  county  may  be  filled  in  the  same  manner  as  pro- 
vided for  regular  appointments.  Should  the  number  of  appointees 
in  attendance  during  any  term  not  reach  the  number  allowed  for 
the  county,  said  county  may  during  any  other  term  appoint  alter- 
nates, so  that  the  average  for  any  whole  year  from  any  county  may 
equal  the  number  to  which  it  is  entitled  under  the  provisions  of 


138  School  Laws  of  Kentucky, 

this  section.  The  Board  of  Regents  shall  have  power,  in  case  any 
pupil  so  appointed  shall  refuse  to  sign  and  file  with  the  Secretary 
of  said  Board  a  declaration  that  he  or  she  will,  if  engagement  can 
be  secured  by  reasonable  effort,  teach  in  the  public  schools  of  this 
State  not  fewer  than  two  years  upon  an  Elementary  Certificate; 
not  fewer  than  three  years  upon  an  Intermediate  or  Advanced  Cer- 
tificate, to  require  such  pupil  to  pay  such  fees  and  tuitions  as  the 
Board  may  prescribe.     (Section  as  amended  by  Acts  of  1908.) 

§  353. — Model  or  Practice  School — The  Board  of  Regents  of 
each  school  may  maintain  in  connection  with  the  said  normal 
schools,  a  model  and  practice  school,  under  the  supervision  of  thor- 
oughly trained  teachers,  for  the  purpose  of  giving  observation  and 
practice  work  to  the  student  teachers. 

§  354. — Commission  to  Locate  the  Schools — The  Governor 
shall,  within  thirty  days  after  this  act  becomes  a  law,  appoint  a 
commission  composed  of  seven  persons,  one  from  each  appellate 
district  of  the  State,  who  shall,  within  thirty  days  after  their  ap- 
pointment, meet  at  Frankfort,  Kentucky,  on  a  date  fixed  by  the 
Governor,  and  organize  and  arrange  to  receive  from  those  localities 
in  Kentucky  desiring  to  secure  the  location  of  said  schools,  pro- 
posals for  donations  of  suitable  sites  and  other  valuable  considera- 
tions, and  shall,  within  ninety  days  after  their  appointment,  locate 
the  said  schools  in  said  normal  school  districts  at  the  place  making 
the  most  advantageous  offers,  all  things  considered.  All  proposals 
for  sites  or  locations  for  the  schools  shall  be  in  writing,  and  shall 
be  entered  at  large  on  the  records  of  the  commission,  and  the 
findings  of  the  commission  fixing  the  locations  shall  be  in  writing 
and  entered  at  large  on  the  records  of  the  said  commission :  Pro- 
vided, That  no  town  or  city  shall  be  selected  for  the  location  of  said 
school  which  does  not  have  facilities  for  a  good  water  supply  and 
other  conveniences  necessary  for  the  institution. 

§  355. — Appropriation — In  order  to  enable  the  Boards  of  Re- 
gents to  carry  into  effect  the  provisions  of  this  act,  there  is  hereby 
appropriated  the  sum  of  ten  thousand  dollars  ($10,000)  to  be  di- 
vided equally  between  the  two  normal  schools  herein  provided  for, 
for  the  purpose  of  equipping  suitable  buildings,  improving  grounds, 
etc.,  and  the  sum  of  forty  thousand  dollars  ($40,000)  annually  to  be 
divided  equally  between  the  two  schools  for  the  purpose  of  defray- 
ing the  salaries  of  teachers  and  other  current  expenses :    Provided, 


School  Laws  of  Kentucky,  139 

That  the  latter  appropriation  shall  not  become  effective  for  any 
school  Until  the  buildings  have  been  equipped  and  the  school 
regularly  opened. 

§  356. — Deeds  to  be  Made  to  Commonwealth — The  money 
hereby  appropriated  for  equipment  shall  be  available  immediately 
for  each  of  said  normal  schools  upon  the  delivery  of  a  good  general 
warranty  deed,  conveying  to  the  Commonwealth  the  property  to 
be  donated  as  above  provided  and  its  acceptance  by  the  locating 
commission.  The  money  appropriated  under  this  act  for  equip- 
ment and  maintenance  of  the  schools  shall  be  disbursed  as  follows, 
viz. :  The  chairman  and  secretary  of  the  Board  of  Regents  shall 
draw  their  warrants  for  the  equipment  and  maintenance  of  each 
school  provided  for  under  this  act  on  the  Auditor  of  Public  Ac- 
counts, payable  to  the  treasurer  of  each  normal  school,  and  upon 
receipt  of  said  draft  by  the  Auditor,  he  shall  draw  his  warrant  for 
the  proper  amount  upon  the  Treasurer  of  the  State.  The  money 
authorized  to  be  paid  out  of  the  State  Treasury  under  this  act  shall 
be  paid  out  of  the  general  funds  not  otherwise  appropriated. 

§  357. — Whereas,  in  order  to  open  during  the  present  year  the 
normal  schools  provided  for  in  this  act,  it  is  necessary  that  the 
same  become  effective  as  soon  as  possible;  and,  whereas,  a  public 
necessity  exists  for  the  immediate  establishment  and  opening  of 
normal  schools  in  this  State,  in  order  to  make  its  common  school 
system  more  effective  as  required  by  the  Constitution  of  Kentucky, 
an  emergency  is  therefore  declared  to  exist  and  this  act  shall  take 
effect  from  and  after  its  passage  and  approval  by  the  Governor. 
(Acts  of  1906.) 

§  358. — May  Purchase  Lands — Condemnation  Proceedings — 
May  Provide  for  Library — May  Sell  Real  Estate — The  Board  of 
Regents  of  each  of  said  Normal  Schools  is  vested  with  power  to 
purchase  additional  real  estate  when  in  its  judgment  the  same  is 
necessary  for  the  purposes  of  the  school.  If  the  Board  of  Regents 
be  unable  to  agree  with  the  owner  or  owners  of  such  real  estate  as 
to  its  value,  or  to  purchase  the  same,  it  may  proceed  in  its  own 
name,  in  any  court  having  jurisdiction,  to  condemn  such  real  estate 
in  the  same  manner  as  provided  by  law  in  the  condemnation  of 
lands  for  railroad  purposes.  Real  estate  acquired  by  purchase  or 
condemnation  shall  be  paid  out  of  moneys  appropriated  to  said 
school.    Each  Board  of  Regents  may,  on  such  terms  as  it  may  re- 


140        '  School  Laws  of  Kentucky. 

gard  best  for  the  school,  lease  or  donate  a  lot  of  land  for  the  pur- 
pose of  securing  the  erection  of  a  library  thereon ;  each  Board  may 
also  erect  or  lease  from  another  for  a  term  of  years  any  necessary 
buildings  or  grounds.  Each  Board  of  Regents  may,  when  it  regards 
the  same  to  be  best  for  its  school,  sell  and  convey  any  real  estate 
or  buildings  now  owned  by  it,  but  the  proceeds  arising  from  such 
sale  must  be  reinvested  in  other  real  estate  and  buildings  for  the 
use  of  said  school. 

§  359. — Students  May  Take  Examination  for  County  Certifi- 
cate— That  students,  while  attending  a  State  Normal  School  may 
be  examined  for  county  teachers'  certificate  by  the  Board  of  Ex- 
aminers of  the  county  in  which  such  Normal  School  is  located,  and 
on  the  dates  provided  in  the  common  school  law  for  examination 
of  teachers.  If  such  Normal  students  are  of  the  age  and  character 
required  by  law  in  the  case  of  other  candidates  for  county  certifi- 
cates, the  County  Superintendent  of  the  county  in  which  the  Nor- 
mal School  they  are  attending  is  located,  shall  admit  them  to  ex- 
amination and  shall  collect  from  each  the  legal  fee,  together  with 
fifty  cents  additional.  At  the  close  of  the  examination  the  County 
Superintendent  shall  transmit  by  registered  mail,  the  examination 
papers  of  each  student  candidate,  together  with  the  examination 
fee,  to  the  County  Superintendent  of  the  county  from  which  said 
candidate  desires  his  certificate  issued.  The  County  Board  of  Ex- 
aminers shall  canvass  the  papers  sent  to  them  as  above  provided, 
and  shall  issue  county  certificates  upon  them,  upon  the  same  terms 
and  conditions  as  in  case  of  candidates  appearing  in  person  for 
examination. 

§  360. — Appropriation  for  Buildings — May  Purchase  Additional 
Ground — Architect  May  be  Appointed — Advertisement  for  Bids — 
Bond  to  be  given  by  Successful  Bidder — Itemized  Account  to  be 
Submitted — That  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
or  so  much  as  may  be  necessary  thereof,  be,  and  the  same  is  hereby, 
appropriated  for  the  benefit  of  the  Eastern  Kentucky  State  Normal 
School,  Richmond,  Kentucky,  for  the  erection  and  equipment  of  a 
suitable  dormitory  for  the  accommodation  of  the  male  students; 
also  for  the  erection  and  equipment  of  an  addition  to  the 
dormitory  for  the  accommodation  of  the  female  students;  also 
for  the  erection  and  equipment  of  a  model  school  building;  also 
for  the  erection  and  equipment  of  a  practice  school  building,  also 


School  Laws  of  Kentucky,  141 

for  the  erection  and  equipment  of  an  administration  building;  also 
for  the  erection  and  equipment  of  a  central  heating  plant,  and  for 
the  necessary  repair  and  equipment  of  the  present  buildings  of  said 
institution.  All  of  said  buildings  shall  be  erected  upon  the  grounds 
owned  by  said  institution,  or  upon  grounds  that  may  be  acquired  by 
purchase  by  the  board  of  regents  of  said  institution.  If,  in  the 
judgment  of  the  said  board  of  regents,  the  purchase  of  additional 
grounds  may  be  necessary  for  the  accommodation  of  the  new  build- 
ings herein  contemplated  or  for  the  proper  conducting  of  said 
school,  they  may  make  such  necessary  purchase  and  pay  for  the 
same  out  of  the  money  hereby  appropriated.  The  title  to  such 
real  estate  shall  be  made  to  and  held  by  the  Commonwealth  of 
Kentucky  for  the  use  and  benefit  of  said  school.  The  said  board  of 
regents  is  vested  with  a  sound  discretion  as  to  the  order  of  construc- 
tion, and  as  to  the  location  of  the  improvements  herein  set  forth, 
or  in  giving  preference  to  such  other  improvements  as  will  best 
promote  the  interest  of  the  school,  provided  the  total  expenditure 
shall  not  exceed  the  amount  herein  appropriated.  The  said  board 
of  regents  shall  appoint  a  competent  architect  or  architects  to  pre- 
pare, under  their  direction,  plans  and  specifications  for  the  buildings 
aforesaid,  and  shall  contract  with  responsible  parties  for  the  erection 
and  equipment  of  same.  All  contracts  under  this  act  for  material 
and  labor,  or  for  the  erection  of  any  and  all  buildings  and  improve- 
ments and  for  the  equipment  for  the  same  for  the  purpose  men- 
tioned in  this  act,  shall  be  let  to  the  lowest  and  best  bidder,  after 
the  same  is  duly  advertised  by  notice  for  at  least  one  month  in  a 
weekly  or  semi-weekly  newspaper  published  in  the  city  of  Rich- 
mond, Kentucky,  which,  in  the  judgment  of  the  said  board  of 
regents,  has  the  largest  circulation.  The  successful  bidder  or  bid- 
ders in  each  case  shall  enter  bond  to  the  Commonwealth  of  Ken- 
tucky for  the  benefit  of  said  normal  school  in  a  sum  not  less  than 
twenty-five  per  cent,  of  the  contract  price  or  sum  for  the  com- 
pletion of  the  work  in  the  manner  and  within  the  time  set  out  in 
the  contract  or  contracts.  The  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  treasurer  of  the  said  normal  school  from  time 
to  time,  as  the  improvements  contemplated  in  this  act  may  require 
and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw 
his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of 


142  School  Laws  of  Kentucky, 

the  treasurer  of  said  normal  school  for  an  amount  or  amounts  as 
the  said  treasurer  of  said  normal  school  may,  countersigned  by  the 
State  Superintendent  of  Public  Instruction,  certify  to  him  from 
time  to  time  is  necessary  and  needed  in  carrying  out  the  provisions 
of  this  act:  Provided,  however.  That  one-third  of  said  appropria- 
tion shall  be  due  and  payable  on  December  1,  1908,  one-third  thereof 
shall  be  due  and  payable  on  July  1,  1909,  and  one-third  fhereof  shall 
be  due  and  payable  on  July  1,  1910.  The  said  board  of  regents  shall 
submit  to  the  next  regular  session  of  the  General  Assembly  an 
itemized  account  and  statement  of  the  expenditures  made  for  the 
purposes  herein  named,  which  account  and  statement  shall  be  prop- 
erly certified  and  audited;  and  if  any  of  the  funds  hereby  appro- 
priated remain  unexpended  after  the  additions  and  improvements 
to  said  normal  school  herein  authorized  have  been  made,  the  same 
shall  be  returned  to  the  State  Treasurer  by  the  said  board  of 
regents. 

§  361. — One  Hundred  and  Fifty  Thousand  Dollars  Appropriated 
to  Western  Kentucky  State  Normal  School — Building  May  Be 
Erected — Additional  Grounds  May  Be  purchased — Architect — 
Bond  by  the  Successful  Bidder — Account  and  Statement  Must  be 
Submitted  to  General  Assembly — ^That  the  sum  of  one  hundred  and 
fifty  thousand  dollars,  or  so  much  as  may  be  necessary  thereof  be 
and  the  same  is  hereby  appropriated  for  the  benefit  of  the  Western 
Kentucky  State  Normal  School,  Bow^mg  Green,  Kentucky,  for  the 
erection  and  equipment  of  a  suitable  dormitory  for  the  accommoda- 
tion of  male  students;  also  for  the  erection  and  equipment  of  suit- 
able dormitory  for  the  accommodation  of  female  students ;  also  for 
the  erection  and  equipment  of  a  suitable  science  hall ;  also  for  the 
erection  and  equipment  of  buildings  for  additional  class  rooms; 
also  for  the  erection  and  equipment  of  a  building  for  library  and 
laboratories;  also  for  the  necessary  repairs  and  equipment  of  the 
present  building  of  said  institution.  All  of  said  buildings  shall  be 
erected  upon  the  grounds  owned  by  said  institution,  or  upon  such 
grounds  as  may  be  acquired  by  purchase  by  the  board  of  regents  of 
said  institution.  If,  in  the  judgment  of  the  said  board  of  regents, 
the  purchase  of  additional  grounds  may  be  necessary  for  the  ac- 
commodation of  the  new  buildings  herein  contemplated  or  for  the 
proper  conducting  of  said  school,  they  may  make  such  necessary 
purchase  and  pay  for  same  out  of  the  money  herein  appropriated. 


School  Laws  of  Kentucky,  143 

The  title  to  such  real  estate  shall  be  made  to,  and  held  by,  the  Com- 
monwealth of  Kentucky  for  the  use  and  benefit  of  said  school.  The 
said  board  of  regents  is  vested  with  a  sound  discretion  as  to  the 
order  of  construction  and  as  to  the  location  of  the  improvements 
herein  set  forth,  or  in  giving  preference  to  such  other  improve 
ments  as  will  best  promote  the  best  interest  of  the  school,  provided 
that  the  total  expenditure  shall  not  exceed  the  amount  herein  ap- 
propriated. The  said  board  of  regents  shall  appoint  a  competent 
architect  or  architects  to  prepare,  under  their  direction,  plans  and 
specifications  for  the  buildings  aforesaid,  and  shall  contract  with 
responsible  parties  for  the  erection  and  equipment  of  same.  All 
contracts  under  this  act  for  material  and  labor,  or  for  the  erection 
of  any  and  all  buildings  and  improvements  and  for  the  equipment  for 
the  same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the 
lowest  and  best  bidder  after  the  same  is  duly  advertised  for  ten 
consecutive  days  in  a  daily  paper  published  in  Bowling  Green,  Ken- 
tucky, having  the  largest  circulation,  or  for  four  consecutive  weeks 
in  the  weekly  paper  published  in  said  city,  which,  in  the  judgment 
of  the  said  board  of  regents,  has  the  largest  circulation.  The  suc- 
cessful bidder  or  bidders  in  each  case  shall  enter  into  bond  with  the 
Commonwealth  for  the  benefit  of  said  normal  school  in  a  sum  not 
less  than  twenty-five  per  cent,  of  the  contract  price  or  sum  for  the 
completion  of  the  work  in  the  manner  and  within  the  time  set  out 
in  the  contract  or  contracts,  and  manner  and  time,  shall  be  fully 
and  in  detail  set  out  in  said  contract.  The  money  hereby  appro- 
priated shall  be  paid  to  the  treasurer  of  said  normal  school,  from 
time  to  time  as  the  improvements  contemplated  in  the  act  may 
require ;  and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts 
to  draw  his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in 
favor  of  the  treasurer  of  said  normal  school  for  an  amount  or 
amounts  as  said  treasurer  of  said  normal  school  may,  countersigned 
by  the  State  Superintendent  of  Public  Instruction,  certify  to  him 
from  time  to  time  is  necessary  and  needed  in  carrying  out  the  pro- 
visions of  this  act :  Provided,  however.  That  one-third  of  said  ap- 
propriation shall  be  due  and  payable  on  December  1,  1908,  one- 
third  thereof  shall  be  due  and  payable  on  July  1,  1909,  and  one- 
third  thereof  shall  be  due  and  payable  on  July  1,  1910.  The  said 
board  of  regents  shall  submit  to  the  next  regular  session  of  the 
General  Assembly  an  itemized  account  and  statement  of  the  ex- 


144  School  Laws  of  Kentucky, 

penditures  made  for  the  purpose  herein  named,  which  account  and 
statement  shall  be  properly  certified  and  audited,  and  if  any  of  the 
funds  hereby  appropriated  remain  unexpended  after  additions  and 
improvements  to  said  normal  school  herein  authorized  have  been 
made,  the  same  shall  be  returned  to  the  State  Treasurer  by  the  said 
board  of  regents. 

§  362. — Twenty  Thousand  Dollars  Annually  Appropriated  to 
The  Eastern  Kentucky  State  Normal  School — Thirty  Thousand 
Dollars  Appropriated  Annually  to  the  Western  State  Normal 
School — That  in  order  to  provide  additional  income  to  meet  the 
additional  annual  expenditures  of  each  of  said  institutions  respect- 
ively. That  the  additional  sum  of  twenty  thousand  dollars  is  hereby 
appropriated  for  the  current  fiscal  year  and  for  each  succeeding 
year  for  the  benefit  of  the  Eastern  Kentucky  State  Normal  School, 
and  the  same  is  directed  to  be  paid  by  the  Treasurer  of  the  State 
to  the  treasurer  of  the  said  Eastern  Kentucky  State  Normal  School 
upon  warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts, 
who  is  hereby  directed  to  draw  and  issue  said  warrants  for  the 
purpose  aforesaid.  That  the  additional  sum  of  thirty  thousand  dol- 
lars is  hereby  appropriated  for  the  current  fiscal  year  and  for  each 
succeeding  year  for  the  benefit  of  the  Western  Kentucky  State 
Normal  School,  and  the  same  is  hereby  directed  to  be  paid  annually 
by  the  Treasurer  of  the  State  to  the  treasurer  of  the  said  Western 
Normal  School  upon  warrant  or  warrants  issued  by  the  Auditor 
of  Public  Accounts  who  is  hereby  directed  to  draw  and  issue  said 
warrants  for  the  purpose  aforesaid. 

CHAPTER  XXI. 

THE  STATE  UNIVERSITY. 

§  363. — Board  of  Trustees — That  the  government,  administra- 
tion and  control  of  the  Agricultural  and  Mechanical  College  of 
Kentucky  be  and  is  hereby  vested  in  a  board  of  trustees,  con- 
stituted and  appointed  as  follows : 

§  364. — Governor  Ex  Officio  Chairman — His  Excellency,  the 
Governor  of  Kentucky,  who  shall  be  ex  officio  chairman  thereof. 

<§,  365. — Trustees — Manner  of  Appointment — Fifteen  men,  dis- 
creet, intelligent  and  prudent,  who  shall  be  nominated  by  the  Gov- 


School  Laws  of  Kentucky,  145 

ernor  of  Kentucky,  and  by  and  with  the  advice  and  consent  of  the 
Senate.  They  shall  hold  office  for  six  years,  five  retiring  and  five  be 
ing  appointed  at  each  regular  session  of  the  General  Assembly.  Said 
nominations  shall  be  made  within  fifteen  days  after  the  Legislature 
convenes.  Said  trustees  shall  be  appointed  and  distributed  as  fol- 
lows, namely :  One  from  each  Congressional  district  outside  of  the 
Congressional  district  in  which  Lexington  is  situated,  and  the  re- 
mainder from  the  latter  district;  but  no  more  than  three  trustees 
shall  be  appointed  from  the  county  of  Fayette :  Provided,  That  no 
trustee  now  serving  under  an  appointment  previously  made  shall 
be  displaced  by  the  operation  of  this  act  before  the  term  of  service 
shall  have  expired. 

§  366. — The  president  of  th^  college  shall  be  ex  officio  a  member 
of  the  board  of  trustees. 

§  367. — Trustees — Powers  and  Duties — Selection  of  President 
and  Professors — The  board  of  trustees,  when  appointed  and  quali- 
fied, shall  be  a  body  corporate,  under  the  corporate  name  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  and  as  a  corpora- 
tion shall  have  power  to  sue  and  be  sued,  implead  and  be  im- 
pleaded, contract  and  be  contracted  with,  and  possess  all  the  immu- 
nities, rights,  privileges  and  franchises  usually  attaching  to  the  gov- 
erning bodies  of  educational  institutions.  They  shall  have  power 
to  receive,  hold  and  administer,  on  behalf  of  the  institution  whose 
government,  administration  and  control  is  committed  to  them,  all 
revenues  accruing  from  all  existing  or  future  endowments,  appro- 
priations or  bequests,  by  whomsoever  made,  subject  to  the  condi- 
tions attaching  thereto;  to  receive,  administer  and  apply,  for  and  on 
behalf  of  said  college,  all  moneys,  devises,  stocks,  bonds,  buildings, 
museums,  lands,  apparatus,  and  so  forth,  and  so  forth,  under  the 
conditions  attaching  thereto.  Said  trustees  shall  have  power  to 
determine,  from  time  to  time,  the  number  of  departments  of  study 
or  investigation  which  the  college  shall  comprise  within  the  scope 
of  the  organic  act  of  Congress,  or  acts  supplementary  thereto, 
donating  land  script  for  the  endowment  of  agricultural  and 
mechanical  colleges;  the  relation  which  each  department  or  group 
of  departments  shall  sustain  to  each  other  and  to  the  whole;  to 
devise,  allot  and  arrange  the  distribution  of  departments  or  groups 
of  departments  with  the  designation  appropriate  to  each,  and  to 
devise  the  means  required  for  their  effective  instruction,  adminis- 


146  School  Laws  of  KentucJcy. 

tration  and  government.  They  shall  have,  also,  power  to  appoint 
presidents,  professors,  assistants,  tutors  and  other  officers,  and  to 
determine  the  salaries,  duties  and  official  relations  of  each ;  and  shall 
provide  for  a  definite  salary  in  money  attached  to  all  positions 
created  and  filled  by  the  board  of  trustees;  and  there  shall  be  no 
additions  thereto  in  the  form  of  fees,  perquisites  or  emoluments  of 
any  kind  whatever.  They  shall  have  full  power  to  suspend  or  re- 
move at  will  any  of  the  officers,  teachers,  professors  or  agents  whom 
they  are  authorized  by  law  to  appoint,  and  to  do  all  other  acts  which 
laay  be  needful  for  the  welfare  of  the  institution. 

§  368. — Degrees — Said  board  of  trustees  shall  have  power  to 
grant  degrees  to  the  alumni  of  the  institution;  to  prescribe  condi- 
tions upon  which  post-graduate  honors  shall  be  obtained  by  its 
alumni  and  others,  and  to  confer  such  honorary  degrees,  upon  the 
recommendation  of  the  faculty  of  the  institution,  as  they  may 
think  proper. 

§  369. — A  majority  of  the  whole  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

§  370. — In  the  appointment  of  presidents,  professors  or  instruc- 
tors, no  preference  shall  be  shown  to  any  religious  denomination. 

§  371. — Trustees  to  Meet  in  Lexington — Power  to  Appoint  Sec- 
retary and  Treasurer — The  Executive  Committee — ^The  board  of 
trustees  shall  meet  in  Lexington  twice  each  year  in  the  president's 
room  in  the  college,  namely,  upon  the  Tuesday  preceding  the  an- 
nual commencement,  and  upon  the  second  Tuesday  in  December. 
In  the  absence  of  the  Governor  the  board  shall  have  the  power  to 
appoint  a  chairman  pro  tem.  They  shall  elect  annually  a  secretary, 
who  shall  keep  a  record  of  their  proceedings,  and  a  treasurer,  who 
shall  receive  and  disburse  the  funds,  and  a  business  agent,  who  shall 
make  all  purchases  for  all  departments  of  the  college,  and  attend  to 
all  the  business  under  the  direction  of  the  board.  Said  secretary 
and  treasurer  and  business  agent  shall  receive  for  their  services  a 
fair  compensation;  but  the  treasurer  elected  under  the  provisions 
of  this  act  shall  not  be  a  member  of  the  board  of  trustees  or  of  the 
faculty  of  the  college,  or  otherwise  an  employe  of  the  college  or  of 
any  of  the  departments  thereof.  They  shall,  at  each  regular  meet- 
ing, appoint  an  executive  committee,  consisting  of  five  of  their  num- 
ber, residing  in  or  near  Lexington,  including  a  chairman  thereof, 
three  of  whom  shall  constitute  a  quorum ;  and  said  committee  shall 


School  Laws  of  Kentucky,  147 

choose  from  their  number  a  chairman  pro  tempore,  to  act  in  the 
absence  of  the  permanent  chairman.  The  executive  committee  shall 
be  charged  with  the  general  administration  of  the  affairs  of  the 
college  under  such  by-laws  and  regulations  as  shall  be  prescribed 
by  the  board  of  trustees,  and  with  the  execution  of  measures  spe- 
cially authorized  by  the  board.  It  shall,  at  each  regular  meeting 
of  the  trustees,  and  at  each  called  meeting  if  required,  submit  to 
the  board  a  complete  record  of  its  proceedings  for  the  consideration 
and  approval  of  the  board  of  trustees ;  Provided,  That  the  authority 
of  the  board  of  trustees  to  revise  the  acts  of  the  executive  com- 
mittee shall  not  extend  to  the  rejection  of  any  valid  or  authenticated 
account  of  money  expended  under  a  general  or  specific  authority 
granted  by  the  board  of  trustees,  and  within  the  sums  appropriated 
by  the  board  for  specific  or  contingent  objects  at  regular  or  called 
meetings.  The  secretary  of  the  board  of  trustees  shall  also  be 
secretary  of  the  executive  committee  and  the  custodian  of  the 
records,  and  so  forth,  of  the  board  and  of  said  committee. 

§  372. — Treasurer — That  the  treasurer  of  said  college  shall  enter 
into  covenant  with  the  Commonwealth  of  Kentucky,  with  one  or 
more  good  sureties  bound  therein,  to  be  approved  by  the  board  of 
trustees,  conditioned  for  the  faithful  performance  of  his  duties,  and 
the  payment  of  all  moneys  that  shall  come  to  his  hands  to  his  suc- 
cessors in  office,  or  to  such  person  or  persons  as  may  be  lawfully 
entitled  to  receive  the  same.  Any  person  or  persons,  including  the 
board  of  trustees,  injured  by  any  breach  of  this  bond,  may  maintain 
in  the  Fayette  Circuit  Court  appropriate  action  thereon.  The  said 
treasurer  shall  keep  an  itemized  account  of  receipts  and  expendi- 
tures, and  shall  pay  out  no  money  except  on  authorization  of  the 
board  of  trustees,  given  directly  or  through  its  executive  committee. 
He  shall  render  to  the  executive  committee  monthly  statements  of 
receipts  and  expenditures,  and  amount  on  hand,  and  a  full  detailed 
statement,  with  vouchers,  for  the  information  and  action  of  the 
board  of  trustees  at  its  regular  annual  meeting,  and  at  other  periods 
when  required. 

§  373. — Vacancies  in  Board  of  Trustees — In  the  case  of  the 
death,  resignation  or  refusal  to  serve  of  any  of  the  trustees  ap- 
pointed as  members  of  the  board  on  behalf  of  the  State,  the  remain- 
ing trustees  shall,  at  their  first  meeting  thereafter,  have  power  to 
fill  all  vacancies  occasioned  by  such  death,  resignation  or  refusal 


148  School  Laws  of  Kentuchy, 

to  serve;  and  the  person  or  persons  so  appointed  shall  hold  their 
offices  as  trustees  during  the  natural  or  unexpired  terms  of  the 
person  or  persons  for  whom  they  are  substituted  and  appointed. 
Any  trustee  who  shall  fail  to  attend  two  consecutive  meetings  with- 
out proper  notification  to  the  secretary  of  the  reason  therefor,  shall 
hereby  vacate  his  office  of  trustee,  and  the  board  shall  fill  the 
vacancy  as  hereinbefore  provided  for. 

§  374. — All  necessary  expenses  incurred  by  the  trustees  in  go- 
ing to,  returning  from,  or  while  attending  the  meetings  of  the 
board,  shall  be  met  and  discharged  out  of  the  funds  of  the  institu- 
tion. 

§  375. — Meetings  of  Board  of  Trustees — That  in  addition  to 
the  regular  meetings,  called  meetings  of  the  board  of  trustees  may 
also  be  held.  The  call  for  such  meetings  must  be  in  writing,  signed 
by  three  or  more  trustees.  The  call  must  also  be  formally  com- 
municated by  the  secretary  to  each  trustee  by  mail,  at  his  post- 
office  address,  at  least  fifteen  days  before  the  day  fixed  for  the 
meeting,  and  must  state  definitely  the  object  of  the  meeting;  and 
no  business  not  thus  explicitly  announced  shall  be  acted  on  at  the 
called  meeting. 

§  376. — Collegiate  Period — ^That  the  regular  collegiate  period 
of  the  Agricultural  and  Mechanical  College  shall  be  four  years,  and 
only  those  students  who  pass  through  that  period  and  attain  the 
prescribed  standard  of  proficiency  in  the  regular  course  of  studies, 
or  those  who,  having  qualified  themselves  elsewhere,  shall  be 
found,  after  at  least  one  year's  attendance  in  the  college,  to  have 
attained  the  prescribed  standard  of  proficiency  in  the  regular  course 
of  studies,  shall  receive  a  diploma  from  the  college. 

§  377. — Trustees  to  Govern  College — That  the  board  of  trustees 
be,  and  hereby  are,  empowered  to  establish  proper  regulations  for 
government  of  the  college  and  the  physical  training,  military  or 
otherwise,  of  the  students,  and  to  authorize  the  suspensions  and 
dismissal  of  students  for  neglect  or  violation  of  the  regulations,  and 
for  other  conduct  prejudicial  to  the  character  and  welfare  of  the 
institution. 

§  378. — Trustees  to  Report  to  General  Assembly — That  the 
board  of  trustees  shall  make  to  the  General  Assembly,  within  the 
first  month  of  each  regular  session,  a  full  report  of  the  condition  and 
operation  of  the  college  since  the  date  of  the  preceding  report,  with 


School  Laws  of  Kentucky,  149 

such  recommendations  concerning  the  college  as  may  be  deemed 
necessary. 

§  379. — Appointment  of  Students — In  addition  to  the  foregoing, 
teachers  or  persons  preparing  to  teach  may  be  admitted  at  the  rate 
of  not  more  than  four  from  each  county,  upon  the  same  conditions, 
receive  the  same  benefits,  and  have  the  same  privileges  in  said 
college  as  prescribed  in  the  preceding  section.  These  appointments 
shall  be  vested  in  the  county  superintendents.  Said  appointments 
may  be  made  and  certified  to  the  president  of  the  college  at  any 
time  between  the  first  day  of  July  and  the  thirty-first  day  of  De- 
cember of  each  year. 

§  380. — Circular  of  Information  to  County  Superintendents — 
The  president  shall,  on  or  before  the  first  day  of  July  of  each  year, 
have  printed  and  mailed  to  each  county  superintendent  of  common 
schools  of  this  State  at  least  as  many  circulars  of  information 
relative  to  said  college  as  there  are  common  school  districts  in  said 
respective  counties.  Said  circulars  shall  set  forth  in  full  the  benefits 
of,  methods  of  admission  into,  and  the  probable  cost  to  beneficiaries 
of  said  college.  The  county  superintendents  of  common  schools 
shall  have  at  least  one  of  said  circulars  posted  in  the  schoolhouse  of 
each  common  school  district  in  their  respective  counties  during  the 
term  of  the  free  school  thereof. 

§  381. — All  acts  and  parts  of  acts  in  conflict  with  this  are  hereby 
repealed.^ 

§  382. — That,  as  the  difference  in  the  cost  of  travel  from  differ- 
ent parts  of  the  State  practically  operates  as  a  difference  in  ad- 
vantages offered  to  different  parts  of  the  State,  an  emergency  is 
declared  to  exist,  and  this  act  shall  be  in  full  force  and  effect  from 
and  after  its  approval  by  the  Governor.     (Approved  May  9,  1893.) 

^  383.— $60,000  Appropriated  to  Agricultural  and  Mechanical 
College — That  the  sum  of  sixty  thousand  dollars,  or  so  much  as 
may  be  necessary  therefor,  be  and  the  same  is  hereby  appropriated 
for  the  purchase  of  ground  and  the  erection  thereon  of  a  suitable 
building  as  a  dormitory  for  young  women  students  o'f  the  Agricul- 
tural and  Mechanical  College  of  Kentucky,  and  the  equipment  and 
furnishing  thereof,  which  dormitory  shall  be  capable  of  lodging 
and  boarding  comfortably  one  hundred  and  twenty-five  persons; 
also,  for  the  purpose  of  erecting  and  equipping  a  suitable  building 
for   military   instruction,   physical   culture  and  .rooms   for   Young 


150*  School  Laws  of  Kentucky, 

Men's  Christian  Association;  also,  for  the  erection  and  equipment 
of  a  suitable  building  for  the  use  of  the  normal  department  and  for 
the  use  of  the  academy;  also,  for  the  erection  and  equipment  of  a 
dormitory  for  young  men  students  of  said  college ;  also,  for  the  pur- 
pose of  erecting  and  furnishing  an  annex  for  the  use  of  the  engineer- 
ing departments  of  said  college. 

§  384. — $30,000  for  Women's  Dormitory — Thirty  thousand  dol- 
lars of  the  sum  appropriated  under  section  383  of  this  act  is  hereby 
set  apart  for  the  purchase  of  ground  and  erection  of  a  dormitory 
for  young  women  and  for  the  equipment  and  furnishing  of  the  same. 
Said  building  shall  contain  the  necessary  bed  rooms,  water  closets, 
bath  rooms,  kitchen,  store  rooms,  hall  for  physical  culture  with 
the  necessary  conveniences  which  should  appertain  thereto.  Said 
women's  dormitory  shall  not  be  situated  on  any  part  of  the  ground 
known  as  the  College  Campus.  The  title  to  said  property  shall  be 
vested  in  the  board  of  trustees  of  the  Agricultural  and  Mechanical 
College  of  Kentucky. 

§  385. — The  residue  of  the  appropriation  made  by  this  act  shall 
be  used  by  the  board  of  trustees  of  said  college  in  erecting,  equip- 
ping, and  furnishing  the  other  buildings  set  forth  in  section  383 
of  this  act,  and  if  the  residue  of  the  appropriation  be  not  sufficient 
therefor,  then  it  shall  be  expended  in  erecting  and  furnishing  such 
of  said  other  buildings  as  the  board  of  trustees  may  think  most 
necessary  until  said  appropriation  be  exhausted.  , 

§  386. — Women  to  Control  Women's  Dormitory — The  board  of 
trustees  shall  appoint  three  prudent,  discreet,  intelligent  women; 
members  in  good  standing  of  one  of  the  religious  organizations 
recognized  by  the  laws  of  the  United  States,  who  shall  constitute  a 
board  of  supervision  or  control  to  manage  and  superintend,  under 
the  direction  of  the  board  of  trustees,  the  dormitory  for  young 
women.  The  term  of  service  shall  be  for  six  years;  but  the  first  ap- 
pointments shall  be,  one  for  two  years,  one  for  four  years,  and  one 
for  six  years  respectively,  and  thereafter,  upon  the  expiration  of 
their  terms  of  service,  one  shall  be  appointed  at  the  close  of  each 
biennial  period  to  fill  the  vacancy.  Provided,  however.  That  the 
board  of  trustees  shall  have  power  at  any  time  to  remove  any  mem- 
ber of  the  board  of  control  for  reasons  which  they  may  deem  suffi- 
cient and  to  fill  the  unexpired  term  by  an  ad  interim  appointment. 
Said  board  of  supervision  shall  meet  at  convenient  intervals  for  the 


School  Laws  of  Kentucky,  151 

transaction  of  business.  They  shall  keep  a  record  of  their  proceed- 
i;  gs  and  submit  the  same  to  the  board  of  trustees  at  their  regular 
n  eetings.  Their  receipts  and  expenditures  shall  be  embodied  in 
semi-annual  reports  to  the  board.  They  shall,  when  the  dormitory 
is  ready  for  the  reception  of  students,  submit  to  the  board  of 
trustees  for  their  approval  or  to  the  executive  committee,  if  the 
board  of  trustees  be  not  in  session,  a  body  of  regulations  in  relation 
to  their  administration  of  the  business  of  the  dormitory,  and  in 
relation  to  the  conduct  and  discipline  of  its  occupants.  The  mem- 
bers of  the  board  of  supervision  or  control  shall  receive  no  salary; 
but  the  necessary  expenses,  incurred  in  the  discharge  of  their  duties, 
shall  be  paid  out  of  the  funds  set  apart  for  the  administration  of 
the  women's  dormitory. 

§  387. — $2,000  Appropriated  for  Expenses  of  Women's  Dormi- 
tory— The  sum  of  two  thousand  dollars  annually  is  hereby  appro- 
priated to  defray  the  running  expenses  of  said  women's  dormitory, 
including  fuel,  lights,  servant's  hire,  janitor,  cooks,  and  the  neces- 
sary expenses  of  the  board  of  supervision  or  control  as  hereinbefore 
set  forth. 

§  388. — Board  in  Dormitory — The  rates  of  board  charged  young 
women  shall  be  determined  by  the  cost  of  provisions  and  their 
preparation  and  service,  with  no  margin  or  profit.  A  small  monthly 
fee  may,  however,  be  added  to  cover  the  wear  and  tear  of  kitchen, 
dining  room,  and  bed-room  furniture. 

§  389. — The  duties  of  the  board  of  supervision  or  control  shall 
be  concerned  exclusively  with  the  management  of  the  women's  dor- 
mitory and  shall  in  no  wise  relate  to  the  college  privileges,  duties 
and  relations  of  the  young  women  nor  to  the  requirements  of  the 
faculty  regarding  their  work  or  the  discipline  and  control  of  the 
faculty  over  them  as  students. 

§  390.— The  president  of  the  college  shall,  as  the  representative 
of  the  board  of  trustees,  have  the  same  general  authority  in  regard 
to  the  women's  dormitory  which  he  is  expected  and  required  to 
exercise  over  the  interests  all  and  singular  of  the  college,  and  any 
occupant  of  said  dormitory  who  may  feel  aggrieved  by  the  act  of 
the  board  of  control  or  the  subordinate  appointees  shall  have  the 
privilege  of  appeal  to  the  president  of  the  college,  whose  decision 
shall  be  final  until  the  next  meeting  of  the  executive  committee. 

§  391.— Students  Appointed  Have  Preference  in  Dormitory— 


152  School  Laws  of  Kentucky, 

Women  students  attending  said  college  as  beneficiaries  and  ap- 
pointees of  counties  or  legislative  districts  shall  have  preference  for 
accommodations  in  said  women's  dormitory,  and  if  the  accommoda- 
tions of  said  dormitory  are  not  sufficient  for  all  such  appointees, 
then  the  proper  authorities  of  said  college  shall  decide,  in  some  way 
fair  and  equitable,  who  shall  be  entitled  to  said  accommodations, 
all  counties  being  given  equal  representation  as  nearly  as  possible. 
If  any  rooms  in  said  dormitory  remain  after  all  such  appointees  are 
accommodated  other  female  students  may  be  allowed  the  use 
thereof,  each  county  being  given  equal  representation  as  nearly  as 
possible.  All  rooms  shall  be  assigned  by  lot  three  days  after  the 
session  opens.  Like  rules  and  preferences  shall  be  observed  in 
regard  to  dormitory  accommodations  provided  for  men  students  at 
said  college.  All  rooms  shall  be  assigned  by  lot  three  days  after 
the  session  opens. 

§  392. — Architect — Contract  to  Lowest  Bidder — The  board 
of  trustees  of  said  college  shall  appoint  a  competent  architect  or 
architects  to  prepare,  under  their  direction,  plans  and  specifications 
for  the  buildings  aforesaid  and  shall  contract  with  responsible 
parties  for  the  erection  and  equipment  of  the  same.  All  contracts 
under  this  act  for  material  and  labor,  or  for  the  erection  of  any  and 
all  buildings  and  improvements  and  for  the  equipment  of  the  same 
for  the  purpose  mentioned  in  this  act  shall  be  let  to  the  lowest  and 
best  bidder,  after  the  same  is  duly  advertised  by  notice  for  ten 
successive  days  in  the  daily  newspaper  in  the  city  of  Lexington, 
Kentucky,  having  the  largest  circulation,  or  for  four  consecutive 
weeks  in  the  weekly  paper  of  said  city  having  the  largest  circula- 
tion, in  the  judgment  of  the  board  of  trustees ;  the  successful  bidder 
in  each  case  entering  into  bond  to  the  Commonwealth  of  Kentucky 
for  the  benefit  of  said  A.  &  M.  College  of  Kentucky,  in  a  sum  not 
less  than  fifteen  per  cent,  of  the  contract  sum  or  price  for  the  com- 
pletion of  the  work  in  the  manner  and  within  the  time  set  out  in 
the  contract  or  contracts,  and  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  treasurer  of  the  said  college  from  time  to  time 
as  the  purchasing  of  land,  erection  of  buildings  and  furnishing  of 
same,  as  contemplated  in  this  act,  may  require;  and  it  shall  be  the 
duty  of  the  auditor  of  public  accounts  to  draw  his  warrant  or  war- 
rants upon  the  treasurer  of  the  State  in  favor  of  the  treasurer  of 


School  Laws  of  Kentucky,  153 

said  college  for  such  an  amount  as  the  said  treasurer  of  said  college 
may  certify  to  him,  from  time  to  time,  is  necessary  and  needed  in 
carrying  out  the  provisions  of  this  act. 

§  393. — Trustees  Must  Report  to  General  Assembly — Said 
board  of  trustees  shall  submit  to  the  next  regular  session  of  the 
General  Assembly  an  itemized  account  and  statement  of  the  expen- 
ditures made  for  the  purposes  herein  named,  which  account  and 
staterrient  shall  be  properly  certified  and  audited;  and  if  any  of  the 
funds  hereby  appropriated  remain  unexpended  after  the  additions 
and  improvements  to  said  college  herein  authorized  have  been 
made,  the  same  shall  be  returned  to  the  State  treasurer  by  the  said 
board  of  trustees.  The  annual  appropriation  made  by  this  act  for 
the  benefit  of  the  v^omen's  dormitory  shall  be  paid  to  the  treasurer 
of  said  college  upon  warrant  of  the  auditor  to  be  used  for  the  pur- 
poses specified. 

§  394. — Emergency — Whereas,  it  is  necessary  that  the  work  on 
the  buildings  and  improvements  authorized  by  this  act  shall  begin 
as  soon  as  possible  in  order  that  said  buildings  and  improvements 
may  be  completed  and  ready  for  use  at  the  beginning  of  the  next 
regular  collegiate  year  of  said  college  in  September  next  an 
emergency  is  hereby  declared  to  exist  and  this  act  shall  take  effect 
and  be  in  full  force  from  and  after  its  approval  by  the  Governor. 
(Approved  March  21,  1900.) 

§  395. — $30,000  Appropriated  for  Young  Women's  Dormitory — 
That  a  supplementary  appropriation  of  thirty  thousand  dollars  be 
made  to  enable  the  trustees  of  the  Agricultural  and  Mechanical 
College  of  Kentucky  to  build,  complete  and  equip  a  dormitory  or 
college  home  for  young  women,  of  such  dimensions  and  equipment 
as  will  accommodate  one  hundred  and  twenty-five  persons,  and 
meet  the  other  requirements  of  the  General  Assembly. 

§  396. — Money  Paid  on  Warrant  of  the  Auditor — The  money 
hereby  appropriated  shall  be  paid  to  the  treasurer  of  the  said 
college  from  time  to  time  as  the  erection,  furnishing  and  equipment 
of  the  building  may  require;  and  it  shall  be  the  duty  of  the  Auditor 
of  Public  Accounts  to  draw  his  warrant  or  warrants  upon  the 
treasurer  of  the  State  in  favor  of  the  treasurer  of  said  college  for 
such  an  amount  as  the  treasurer  of  said  college  may  certify  to  him 
from  time  to  time  to  be  necessary  and  needed  in  carrying  out  the 
provisions  of  this  act. 


154  School  Laws  of  Kentucky, 

§  397. — Emergency — Whereas,  It  is  necessary  that  the  work  on 
the  building  and  purchase  of  equipments  authorized  by  this  act 
shall  begin  as  soon  as  possible,  in  order  that  the  said  building  may 
be  completed  and  the  equipment  purchased  and  ready  for  use  at 
the  beginning  of  the  next  collegiate  year  in  September,  one  thous- 
and nine  hundred  and  two,  an  emergency  is  hereby  declared  to 
exist,  and  this  act  shall  take  effect  and  be  in  full  for-ce  from  and 
after  its  approval  by  the  Governor.  Whereas,  section  fourteen  of 
an  act  to  provide  for  the  efficient  management  and  administration 
of  the  Agricultural  and  Mechanical  College  of  Kentucky,  approved 
May  ninth,  one  thousand  eight  hundred  and  ninety-three,  makes 
liberal  provisions  for  the  free  tuition,  free  room  rent,  free  fuel  and 
lights  and  traveling  expenses  of  beneficiaries  appointed  from  the 
several  counties  of  this  Commonwealth  as  students  in  said  college, 
thereby  virtually  bringing  the  college  into  every  county  thereof; 
and,  whereas,  said  beneficiaries  are  to  be  appointed  by  the  superin- 
tendent of  their  respective  counties  on  competitive  examinations 
at  a  time  and  place  designated  by  the  superintendents ;  and  where- 
as, it  is  the  duty  of  the  superintendents  to  place  in  every  school 
house  in  his  county  circulars  provided  and  furnished  to  him  by 
said  college,  setting  forth  the  benefits  thereof,  and  method  of  ad- 
mission into  the  same ;  and,  whereas,  by  neglect  in  distributing  said 
circulars  of  information,  and  failure  to  designate  the  time  and  place 
for  holding  competitive  examination,  many  of  the  counties  of  the 
State  are  inadequately  represented  in  said  college,  to  the  detriment 
and  material  loss  of  said  counties;  therefore, 

§  398. — Duty  of  County  to  Post  Circulars — Each  failure  or 
neglect  on  the  part  of  the  superintendent  of  schools  in  any  county 
in  Kentucky  to  place  in  such  school  house  in  his  county  before 
the  fifteenth  of  May,  of  each  year,  a  copy  of  the  circulars  aforesaid, 
transmitted  by  the  president  of  said  college  for  the  purpose  afore- 
said, shall  be  deemed  a  neglect  of  duty;  and  for  each  offense  an 
action  may  be  maintained  against  such  superintendent  by  the 
trustees  of  each  school  within  the  county  where  circulars  have  not 
been  placed  according  to  the  law,  and  upon  conviction  thereof  he 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  nor  more 
than  fifty  dollars.  Said  action  may  be  maintained  in  the  courts 
of  justice  of  the  peace  having  jurisdiction  in  the  school  district  or 
in  the  county  court,  and  a  like  penalty  shall  be  incurred  by  the 


1 


School  Laws  of  Kentucky,  155 

superintendent  for  the  neglect  of  duty  in  appointing  a  time  and 
place  for  competitive  examination  for  the  selection  of  beneficiaries 
in  his  county  according  to  the  provisons  set  forth  in  section  fourteen 
of  the  aforesaid  act,  approved  May  ninth,  one  thousand  eight  hun- 
dred and  ninety-three.  By  reason  of  many  counties  being  deprived 
of  the  benefits  of  this  college,  because  of  the  fact  that  county  school 
superintendents  in  some  counties  having  failed  to  make  known  the 
provisions  of  the  law,  an  emergency  is  declared  to  exist  and  this 
act  shall  take  effect  from  its  approval  by  the  Governor.  (Ap- 
proved March  21,  1902.) 

§  399.— $15,000  Appropriated  Annually  to  A.  &  M.  College— 
That  fifteen  thousand  dollars  be,  and  the  same  is  hereby,  appro- 
priated for  the  current  fiscal  year  and  for  each  succeeding  year,  in 
order  to  liquidate  the  existing  indebtedness  of  the  Agricultural  and 
Mechanical  College  and  to  provide  additional  income  for  meeting 
the  annual  expenditures  of  the  said  Agricultural  and  Mechanical 
College  of  Kentucky,  and  the  same  is  directed  to  be  paid  annually 
by  the  treasurer  of  the  State  to  the  treasurer  of  the  Agricultural 
and  Mechanical  College,  upon  warrant  issued  by  the  Auditor  of 
Public  Accounts,  who  is  hereby  directed  to  draw  and  issue  said 
warrant  for  the  purpose  aforesaid.    (Acts  of  1904.) 

§  400. — Diplomas — A  diploma  from  the  A.  and  M.  College  of 
Kentucky,  conferring  the  degree  of  Bachelor  of  Pedagogy,  shall  be 
sufficient  evidence  of  qualification  to  teach  in  the  public  schools  of 
Kentucky  during  the  lifetime  of  the  person  upon  whom  such  degree 
has  been  conferred,  unless  he  or  she  shall  cease  to  teach  for  five 
consecutive  years.  And  no  other  certificate  or  license  shall  be  re- 
quired of  him  by  any  board  authorized  by  law  to  employ  teachers 
for  any  of  the  public  schools  of  Kentucky.     (Acts  of  1906.) 

§  401. — That  the  assent  of  the  Legislature  of  this  Common- 
wealth, be,  and  is  hereby,  given  to  the  provisions  of  the  act,  entitled 
"An  act  to  provide  for  an  increased  annual  appropriation  for  Agri- 
cultural Experiment  Stations,  and  regulating  the  expenditures 
thereof."  That  the  Governor  of  this  Commonwealth  send  a  certified 
copy  thereof  to  the  Secretary  of  the  Treasury  of  the  United  States. 
Whereas,  the  appropriation  will  cease  upon  the  adjournment  of  the 
legislature  unless  this  act  be  then  in  effect  an  emergency  is  hereby 
declared  to  exist  and  this  act  shall  take  effect  and  become  a  law 
from  and  after  its  passage  and  approval.  (Approved  March  11,  1908.) 


156  School  Laws  of  Kentucky, 

§  402. — Two  Hundred  Thousand  Dollars  Appropriated  to  State 
University — Additional  Grounds  May  be  Purchased — Architect 
may  be  Employed — Advertisement — Bond  by  Successful  Bidder — 
Money — How  to  be  Paid — Statement  to  be  Submitted  to  General 
Assembly — That  the  sum  of  two  hundred  thousand  dollars,  or  as 
much  as  may  be  necessary  thereof,  be  and  the  same  is  hereby,  ap- 
propriated for  the  benefit  of  the  State  University,  Lexington,  Ken- 
tucky, for  the  purpose  of  paying  the  outstanding  indebtedness  here- 
tofore incurred  for  the  erection  of  necessary  buildings  and  equip- 
ment of  same  on  the  grounds  owned  by  the  said  institution,  and 
for  the  erection  and  equipment  of  a  suitable  building  for  the  de- 
partment of  mining  engineering,  civil  engineering  and  physics; 
also  for  the  erection  and  equipment  of  a  necessary  addition  to  the 
chemical  building,  also  for  the  erection  and  equipment  of  a  neces- 
sary addition  to  the  mechanical  and  electrical  engineering  building; 
also  for  the  erection  and  equipment  of  a  new  dormitory  for  the 
accommodation  of  the  male  students  of  said  institution.  All  of 
said  buildings  shall  be  erected  upon  the  grounds  owned  by  said 
institution,  or  upon  such  grounds  as  may  be  acquired  by  purchase 
by  the  board  of  trustees  of  said  institution.  If,  in  the  judgment  of 
the  said  board  of  trustees,  the  purchase  of  additional  grounds  may 
be  necessary  for  the  accommodation  of  the  new  buildings  herein 
contemplated,  or  for  the  proper  conducting  of  said  institution,  they 
may  make  such  necessary  purchase  and  pay  for  same  out  of  the 
money  herein  appropriated.  The  title  to  such  real  estate  shall  be 
made  and  held  by  the  Commonwealth  of  Kentucky  for  the  use  and 
benefit  of  said  institution.  The  said  board  of  trustees  is  vested  with 
a  sound  discretion  as  to  the  order  of  construction  and  as  to  the 
location  of  the  improvements  herein  set  forth,  or  in  giving  prefer- 
ence to  such  other  improvements  as  will  best  promote  the  interests 
of  the  institution,  provided  that  the  total  expenditure  shall  not 
exceed  the  amount  herein  appropriated.  The  said  board  of  trustees 
shall  appoint  a  competent  architect  or  architects  to  prepare,  under 
their  directions,  plans  and  specifications  for  the  buildings  aforesaid, 
and  shall  contract  with  responsible  parties  for  the  erection  and 
equipment  of  same.  All  contracts  under  this  act  for  material  and 
labor,  or  for  the  erection  of  any  and  all  buildings  and  improve- 
ments, and  for  the  equipment  of  the  same  for  the  purposes  men- 
tioned in  this  act,  shall  be  let  to  the  lowest  and  best  bidder,  after 


School  Laws  of  Kentucky,  157 

the  same  is  duly  advertised  by  notice  for  ten  consecutive  days  in  a 
daily  nev^spaper  published  in  the  city  of  Lexington,  Kentucky, 
having  the  largest  circulation,  or  for  four  consecutive  weeks  in  the 
w^eekly  paper  published  in  said  city  which,  in  the  judgment  of  the 
said  board  of  trustees,  has  the  largest  circulation.  The  successful 
bidder  or  bidders  in  each  case  shall  enter  into  bond  to  the  Common- 
wealth of  Kentucky  for  the  benefit  of  said  university  in  a  sum  not 
less  than  twenty-five  per  cent,  of  the  contract  sum  or  price  for  the 
completion  of  the  work  in  the  manner  and  within  the  time  set  out 
in  the  contract  or  contracts,  and  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  treasurer  of  said  university  from  time  to  time, 
as  the  improvements  contemplated  in  this  act  may  require,  and  it 
shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw  his 
warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of 
the  treasurer  of  said  university  for  an  amount  or  amounts  as  the 
said  treasurer  of  said  university,  countersigned  by  the  president, 
may  certify  to  him  from  time  to  time,  is  necessary  and  needed  in 
carrying  out  the  provisions  of  this  act:  Provided,  however,  That 
one-third  of  said  appropriation  shall  be  due  and  payable  on  Decem- 
ber 1,  1908,  one-third  thereof  shall  be  due  and  payable  on  July  1, 
1909,  and  one-third  thereof  shall  be  due  and  payable  on  July  1,  1910. 
Said  board  of  trustees  shall  submit  to  the  next  regular  session  of  the 
General  Assembly  an  itemized  account  and  statement  of  the  ex- 
penditures made  for  the  purpose  herein  named,  which  account  and 
statement  shall  be  properly  certified  and  audited,  and  if  any  of  the 
funds  hereby  appropriated  remain  unexpended  after  the  additions 
and  improvements  to  said  university  herein  authorized  have  been 
made,  the  same  shall  be  returned  to  the  State  Treasurer  by  said 
board  of  trustees. 

§  403. — $20,000  Appropriated  Annually — Normal  Department 
Eliminated — Certificates  may  be  Granted — Sub-freshman  Work 
Eliminated — That  in  order  to  provide  additional  income  to  meet  the 
additional  annual  expenditures  of  said  Institution  the  additional 
sum  of  twenty  thousand  dollars  ($20,000)  is  hereby  appropriated 
for  the  current  fiscal  year,  and  for  each  succeeding  year  for  the 
benefit  of  the  said  State  University  and  the  same  is  directed  to  be 
paid  by  the  Treasurer  of  the  State  to  the  Treasurer  of  the  State 
University  upon  a  warrant  or  warrants  issued  by  the  Auditor  of 


158  School  Laws  of  Kentucky, 

Public  Accounts,  who  is  hereby  directed  to  draw  and  issue  said 
warrants  for  the  purpose  aforesaid.  That  the  normal  department 
of  said  university,  as  it  now  exists,  be  eliminated,  and  there  be 
established  instead  thereof  a  department  of  education  in  said  uni- 
versity, with  collegiate  rank,  leading  to  the  usual  degree  in 
pedagogy  as  maintained  in  other  similar  State  institutions;  that 
degrees  of  bachelor  of  arts  in  education,  and  bachelor  of  science  in 
education  conferred  in  this  department  shall,  with  the  approval  of 
the  State  Superintendent  of  Public  Instruction,  entitle  the  holder 
thereof  to  the  privilege  of  teaching  in  the  common  schools  and  high 
schools  of  the  Commonwealth  without  further  examination,  during 
life  or  good  behavior.  The  diplomas  granting  degrees  may  be  re- 
voked for  cause  by  the  said  board  of  trustees  or  by  the  State  Su- 
perintendent of  Public  Instruction.  The  board  of  trustees  shall 
have  power  and  authority,  subject  to  the  approval  of  the  State 
Superintendent  of  Public  Instruction,  to  confer,  under  its  corporate 
seal,  upon  students  of  said  department,  the  following  certificates: 
1st.  An  elemnetary  certificate  upon  the  completion  of  one  year's 
work,  which  shall  entitle  the  holder  thereof  to  teach  in  any  public 
school  of  this  State  for  the  period  of  two  years  from  the  date  there- 
of, without  further  examination.  2nd.  An  intermediate  certificate 
upon  the  completion  of  two  years'  work,  which  shall  entitle  the 
holder  thereof  to  teach  in  any  public  school  of  this  State  for  a  period 
of  four  years  from  the  date  thereof  without  further  examination. 
3d.  An  advanced  certificate  upon  the  completion  of  three  years' 
work,  which  shall  entitle  the  holder  thereof  to  teach  in  any  public 
school  of  this  State  for  a  period  of  three  years  from  date  thereof 
without  further  examination,  and  if,  at  the  end  of  three  years,  a 
teacher  holding  an  advanced  certificate  shall  present  to  the  board 
of  trustees  which  granted  the  same,  satisfactory  evidence  of  suc- 
cessful teaching  during  said  period,  and  of  good  moral  character, 
then  the  advanced  certificate  may  be  extended  for  life  or  good  be- 
havior by  said  board,  subject  however,  to  the  approval  of  the  State 
Superintendent  of  Public  Instruction,  and  it  shall  so  be  endorsed 
by  the  said  board,  and  the  holder  thereof  shall  be  entitled  to  teach 
in  any  public  school  in  this  State  during  good  behavior,  without 
further  examination.  The  official  endorsement  of  the  State  Super- 
intendent of  Public  Instruction  shall  be  necessary  to  validate  any 
of  the  said  three  certificates  or  extension  thereof  above  named.  Any 


School  Laws  of  Kentucky,  159 

certificate  may  be  revoked  for  cause  by  said  board  of  trustees  or  by 
the  State  Superintendent  of  Public  Instruction.  That  from  and 
after  two  years  from  this  date  all  sub-freshman  work  shall  begin  to 
be  eliminated  as  a  part  of  the  university  curriculum,  and  such 
elimination  shall  progress  as  rapidly  as  the  educational  conditions 
in  Kentucky  will  justify:  Provided,  however,  Special  courses  may 
be  given  in  any  of  the  departments  of  the  university,  except  that 
no  sub-freshman  normal  instruction  shall  be  given  after  September 
1,  1908,  in  any  department  of  the  university  or  academy  connected 
therewith.     (Act  approved  March  16,  1908.) 

§  404. — Title  Changed — That  the  institution  founded  under  the 
land  grant  of  1862,  by  the  Congress  of  the  United  States,  and 
known  hitherto  under  the  corporate  designation  and  title  of  "Agri- 
cultural and  Mechanical  College  of  Kentucky,"  be  hereafter  known 
and  designated  as  the  "State  University,  Lexington,  Kentucky." 

§  405. — That  the  said  State  University  be  maintained  by  the 
Commonwealth  with  such  endowments,  incomes,  buildings  and 
equipments  as  shall  enable  it  to  do  work  such  as  is  done  in  other 
institutions  of  corresponding  rank,  both  under-graduate  and  post- 
graduate, and  embracing  work  of  instruction,  as  well  as  in  original 
research. 

§  406. — Previous  Acts  Referred  To — That  all  the  acts  of  the 
General  Assembly  of  the  Commonwealth  of  Kentucky,  making 
provision  for  the  establishment,  support  and  maintenance  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  heretofore  en- 
acted, viz.  An  act  appointing  a  commission  for  the  location  of  the 
Agricultural  and  Mechanical  College,  approved  March  13,  1878;  an 
act  locating  and  establishing  the  Agricultural  and  Mechanical 
College,  approved  February  6,  1880 ;  an  act  incorporating  the  Agri- 
cultural and  Mechanical  College,  approved  March  4,  1880;  an  act 
amending  the  act  of  incorporation,  approved  April  23,  1880;  an  act 
of  the  General  Assembly,  approved  April  29,  1880,  and  section  184 
of  the  Constituiton  of  Kentucky,  guaranteeing  the  validity  of  the 
tax  levied  for  the  benefit  of  the  Agricultural  and  Mechanical  Col- 
lege by  said  act,  approved  April  29,  1880;  an  act  of  incorporation, 
amending  the  acts  of  March  4,  1880,  and  April  23,  1880,  approved 
May  9,  1893,  an  act  for  the  maintenance  of  the  girl's  dormitory, 
approved  March  21,  1900,  and  an  act  making  an  annual  appropria- 
tion for  the  maintenance  and  support  of  the  said  college,  which 


160  School  Laws  of  Kentucky, 

became  a  law  March  26,  1904;  and  that  all  the  acts  of  the  Congress 
of  the  United  States,  creating  and  endowing  colleges  under  the 
land  grant  of  1862,  viz:  The  act  providing  for  the  establishing  of 
the  college  for  the  benefit  of  agricultural  and  mechanical  arts,  ap- 
proved July  2,  1862;  the  act  of  establishing  experiment  stations,  as 
departments  of  agricultural  colleges,  approved  March  2,  1887;  the 
act  for  applying  a  portion  of  the  proceeds  of  the  public  lands  to  the 
more  complete  endowment  of  the  colleges  established  under  the 
act  of  July  2,  1862,  which  passed  the  Senate  June  23,  1890;  the  act 
known  as  the  "Adams  act,"  further  endowing  experiment  stations, 
passed  by  Congress  March  16,  1906,  an  act  known  as  the  "Nelson 
act,"  for  the  further  endowment  of  Agricultural  and  Mechanical 
Colleges,  passed  by  Congress  March  4,  1907,  shall  not  be  affected 
by  this  change  of  name,  and  the  revenue  accruing  from  these  and 
from  all  other  sources.  State  and  Federal,  shall  continue  to  be  paid 
over  by  the  State  and  Federal  authorities  to  the  Treasurer  of  the 
State  University,  Lexington,  Kentucky,  for  its  use  and  mainte- 
nance, in  accordance  with  the  provisions  of  said  acts  of  Congress 
and  of  the  General  Assembly  of  Kentucky. 

§  407. — Acts  of  Congress  to  be  Carried  Out — That  the  require- 
ments of  the  law  of  Congress,  approved  July  2,  1862,  for  the  instruc- 
tion in  those  branches  of  learning  relating  to  agriculture  and  the 
mechanic  arts  and  to  military  tactics,  shall  be  carried  out  fully,  and 
that  those  branches  shall  continue  to  be  integral  and  indispensable 
courses  of  instruction  in  the  State  University;  and  that,  in  addition 
to  the  other  colleges  of  said  university,  one  of  the  colleges  shall 
be  denominated  the  Agricultural  College,  and  another  the  College 
of  Mechanical  Arts  of  the  State  University. 

§  408. — Department  of  Law  Established — That  a  department 
of  law,  or  course  of  instrutcion  in  the  science  of  law  leading  to 
the  degree  of  Bachelor  of  Laws,  shall  be  established  in  said  uni- 
versity. The  course  prescribed  leading  to  said  degree  shall  be  of 
equal  dignity  and  rank  to  that  of  other  corresponding  institutions. 

§  409. — Department  of  Medicine  and  Surgery  Established — 
That  a  Department  of  Medicine  and  Surgery,  or  course  of  instruc- 
tion in  the  science  of  Medicine  and  Surgery,  leading  to  the  usual 
degrees  conferred  in  such  courses,  shall  be  established  in  said  uni- 
versity. The  courses  prescribed  shall  be  of  equal  dignity  and  rank 
to  that  of  other  corresponding   institutions,   and   that   a   diploma 


School  Laws  of  Kentucky,  161 

issued  from  this  department  shall  be  accepted  throughout  this  State 
on  equal  terms  with  diplomas  issued  from  other  corresponding  in- 
stitutions. 

<§  410. — Appointment  of  Beneficiaries — Competitive  Examina- 
tion— Duty  of  County  Superintendent — That  so  much  of  the -law 
for  the  benefit  of  said  college,  designated  as  section  26,  of  the  Ken- 
tucky Statutes,  as  applies  to  the  manner  of  making  the  appoint- 
ment of  beneficiaries  to  said  college  be  stricken  out,  and  the  fol- 
lowing language  be  inserted  instead  thereof:  "Each  county  in 
the  State,  in  consideration  of  the  incomes  accruing  to  said  institu- 
tion under  the  present  laws,  for  the  benefit  of  the  said  agricultural 
and  mechanical  college,  be  entitled  to  select  and  to  send  to  said 
university  each  year  one  or  more  properly  prepared  students,  as 
hereinafter  provided  for,  free  from  all  charges  for  tuition,  matricu- 
lation fees,  room  rent,  fuel  and  lights,  and  to  have  all  the  advant- 
ages of  the  said  university  and  dormitory  free,  except  board.  Each 
county  in  the  State  shall  be  the  unit  of  appointment,  and  each 
county  shall  be  entitled  annually  to  appoint  to  said  university  one 
white  pupil  for  every  three  thousand,  and  one  for  each  fraction 
thereof  over  fifteen  hundred  of  white  school  children,  based  upon 
the  last  official  census  preceding  said  appointment:  Provided, 
however.  That  each  county  shall  be  entitled  to  at  least  one  annual 
appointment."  So  that  said  section,  when  amended,  will  read  as 
follows :  "Each  county  in  the  State,  in  consideration  of.  the  in- 
comes accruing  to  said  institution,  under  the  present  laws  for  the 
benefit  of  said  agricultural  and  mechanical  college,  be  entitled  to 
select  and  send  to  said  university  each  year  one  or  more  properly 
])repared  students,  as  hereinafter  provided  for,  free  from  all  charges 
for  tuition,  matriculation  fees,  room  rent,  fuel  and  lights,  and  to 
have  all  the  advantages  and  privileges  of  the  said  university,  one 
Avhite  pupil  for  every  three  thousand,  and  one  for  each  fraction 
thereof  over  fifteen  hundred  of  white  school  children,  based  upon 
the  last  official  census  preceding  said  appointment:  Provided,  how- 
ever, That  every  county  shall  be  entitled  to  at  least  one  annual  ap- 
pointment. Said  students  shall  be  entitled,  free  of  any  cost  what- 
ever, to  the  benefits  enumerated  above  for  the  term  of  years  neces- 
sary to  complete  the  course  of  study  In  which  he  or  she  matriculates 
for  graduation,  or  during  good  behavior.  All  beneficiaries  of  the 
State  who  continue  students  for  one  consecutive,  collegiate  year,  or 


162  School  Laws  of  Kentucky, 

ten  months,  unless  unavoidably  prevented,  shall  also  be  entitled  to 
their  necessary  traveling  expenses  in  going  to  and  returning  from 
said  college.  The  selection  of  the  beneficiaries  shall  be  made  by  the 
superintendents  of  common  schools  in  their  respective  counties, 
upon  competitive  examination,  on  subjects  prepared  by  the  faculty 
of  the  university  and  transmitted  to  said  superintendents  before  the 
first  day  of  June  of  each  year.  Said  competitive  examinations  shall 
be  open  to  all  persons  between  the  ages  of  fourteen  and  twenty-four 
years.  Preference  shall  be  given,  other  things  being  equal,  to  those 
who  have  passed  with  credit  through  the  public  school,  persons  of 
energy  and  industry,  whose  means  are  small,  to  aid  whom  in  obtain- 
ing a  good  education  this  provision  is  intended.  Said  competitive 
examination  shall  be  held,  and  the  successful  competitor  appointed 
between  the  first  day  of  June  and  the  first  day  of  August  of  each 
year.  It  shall  be  the  duty  of  the  county  superintendent  to  make 
known  the  benefits  of  this  provision  to  each  common  school  district 
under  his  superintendency,  with  the  time  and  place,  when  and  where 
such  competitive  examination  shall  be  held.  He  shall  for  this  pur- 
pose, appoint  a  board  of  examiners,  whose  duty  it  shall  be  to  con- 
duct the  examination.  This  shall  not  interfere  with  any  appoint- 
ment already  made  to  said  college." 

§  411. — Free  tuition  to  Certain  Students — That  the  board  of 
trustees  of  said  university  may  within  their  discretion,  concede  the 
privilege  of  free  tuition  to  students  who  are  preparing  for  the 
ministry  in  connection  with  any  white  religious  denomination. 

§  412.— Bi-partisan  Board  after  January  1,  1910.— That  the 
board  of  trustees  shall,  from  and  after  January  1,  1910,  be  bi- 
partisan, and  the  Governor,  in  making  the  appointments  of  trustees, 
shall  so  make  them  as  to  divide  the  representation  upon  said  board 
equally  between  the  two  leading  political  parties  of  this  Common- 
wealth, including  the  ex  officio  members;  that  the  Superintendent 
of  Public  Instruction  shall  be  ex  officio  a  member  of  the  Board  of 
Trustees. 

§  413. — That  the  board  of  trustees  have  authority,  out  of  the 
funds  under  their  control,  to  expend  an  amount  sufficient  to  meet 
the  necessary  expenses  incurred  in  advertising  and  other  necessary 
changes  incident  to  the  change  of  the  style  and  title  of  the  said 
institution. 

§  414. — Location  Not  Changed — That  the  location  of  the  institu- 


School  Laws  of  Ke^itucky,  163 

tion  established  by  the  act  locating  the  Agricultural  and  .Mechanical 
College  of  Kentucky,  approved  February  6,  1880,  shall  not  be  af- 
fected by  this  change  of  name. 

^  415. — That  all  acts  passed  by  the  Legislature  of  Kentucky, 
and  all  the  regulations  made  by  the  board  of  trustees  in  pursuance 
thereof,  for  the  government  of  the  agricultural  and  mechanical  col- 
lege, shall  continue  in  effect  and  apply  to  the  government  of  the 
State  University,  Lexington,  Kentucky,  except  to  the  extent  herein 
specifically  set  out. 

§  416. — That  all  students  attending  exclusively  the  law  or  med- 
ical department  of  the  university  shall  pay  the  usual  tuition  fees. 

§  417.— County  Certificates  May  be  Issued  to  Students — That 
students,  while  attending  the  State  University,  may  be  examined 
for  county  teachers'  certificates  by  the  board  of  examiners  of 
Fayette  county,  Kentucky,  and  on  the  dates  provided  in  the  com- 
mon school  law  for  the  examination  of  teachers.  If  such  students 
are  of  the  age  and  character  required  by  law  in  the  case  of  other 
candidates  for  county  certificates,  the  county  superintendent  of 
Fayette  county  shall  admit  them  to  examination  and  shall  collect 
from  each  the  legal  fee,  with  fifty  cents  additional.  At  the  close 
of  the  examination  the  county  superintendent  shall  transmit  by 
registered  mail  the  examination  papers,  together  with  the  examina- 
tion fee,  to  the  county  superintendent  of  the  county  from  which 
said  candidate  desires  his  certificate  issued.  The  county  board  of 
examiners  shall  canvass  the  papers  sent  to  them  as  above  provided, 
and  shall  issue  county  certificates  upon  them  upon  the  same  terms 
and  conditions  as  in  case  of  candidates  appearing  in  person  for 
examination. 

§  418. — Whereas,  the  change  of  name  of  the  Agricultural  and 
Mechanical  College  to  State  University,  Lexington,  Kentucky,  will 
necessitate  immediate  preparations  and  advertisement  in  order  to 
begin  university  work  by  September,  1908,  an  emergency  is  hereby 
declared  to  exist,  and  this  act  shall  take  effect  from  and  after  its 
passage  and  approval.     (Approved  March  16,  1908.) 


J 64:  Sell ool  Lai vs  of  Ken t u ckif . 


CHAPTER  XXIL 

KENTUCKY  NORMAL  AND  INDUSTRIAL  INSTITUTE. 

§  419.— Board  of  Trustees— Term  of  Office  Three  Years  from 
July  1st.— Treasurer  Elected  Biennially— The  State  Normal  School 
lor  Colored  Persons,  established  by  an  act  of  the  General  Assembly, 
approved  May  eighteenth,  one  thousand  eight  hundred  and  eighty- 
six,  shall  hereafter  be  under  the  conitrol  and  supervision  of  a  board 
of  trustees,  composed  of  the  Superintendent  of  Public  Instruction, 
who  shall  be  ex  officio  chairman  of  the  board,  and  three  intelligent 
and  discreet  persons,  residents  of  Franklin  county,  to  be  appointed 
by  the  Governor  subject  to  the  approval  of  the  Senate,  who  are 
hereby  constituted  a  body-corporate,  with  power  to  sue  and  be 
sued,  plead  and  be  impleaded,  and  to  hold  in  trust  all  funds  and 
property  now  owned  by  said  school,  or  which  may  hereafter  be 
provided  for  it,  and  shall  be  known  and  designated  as  "The  Board 
of  Trustees  of  the  Kentucky  State  Normal  School  for  Colored  Per- 
sons." The  term  of  office  of  the  three  members  appointed  by  the 
Governor  shall  begin  on  the  first  day  of  July,  one  thousand  eight 
hundred  and  ninety-three,  and  one  member  thereof  shall  retire,  as 
may  be  determined  by  lot,  at  the  end  of  one  year  thereafter,  one  in 
two  years,  and  the  other  in  three  years;  their  successors  shall  be 
appointed  by  the  Governor  for  a  term  of  three  years ;  they  shall  be 
subject  to  removal  by  the  Governor  for  cause,  and  he  is  authorized 
to  fill  all  vacancies  occurring  by  death,  resignation  or  otherwise. 
Said  board  shall  adopt  such  rules  for  the  government  of  said  school, 
not  inconsistent  with  law,  as  they  deem  proper,  and  shall  supervise 
all  its  interests,  provide  for  all  its  wants,  confer  weekly  with  the 
faculty,  and  require  formal  reports  of  the  actual  condition  of  the 
school  in  every  regard.  They  shall  biennially,  beginning  on  the 
first  day  of  July,  1893,  elect  some  suitable  person  outside  of  their 
own  number  as  treasurer,  who,  before  entering  on  his  duty,  shall 
give  bond  in  such  a  sum  as  they  may  prescribe,  and  they  shall  agree 
with  him  as  to  compensation:  Provided,  That  in  no  case  shall 
such  compensation  exceed  one  hundred  dollars  per  annum. 

§  .420. — Congress  Act,  July  2,  1862 — ^There  shall  be  maintained 


School  Laws  of  Kentucky.  165 

in  said  institution  a  department  for  the  education  of  colored  stu- 
dents in  agriculture  and  the  mechanic  arts,  and  for  said  purpose  said 
board  shall  be  entitled  to  receive  an  equitable  division  of  the 
moneys  arising  from  the  sale  of  public  lands,  and  appropriated  to 
the  State  of  Kentucky  by  an  act  of  Congress,  approved  August  30, 
1890,  entitled  "An  act  to  apply  a  portion  of  the  proceeds  of  public 
lands  to  the  more  complete  endowment  and  support  of  the  college 
for  the  benefit  of  agriculture  and  the  mechanic  arts,  established 
under  the  provisions  of  an  act  of  Congress,"  approved  July  2,  1862. 

§  421. — Course  of  Study,  &c. — Said  board  shall  prescribe  the 
course  of  study  for  the  said  normal  school ;  shall  select  the  instruc- 
tors and  fix  their  salaries,  and  shall  determine  the  conditions,  sub- 
ject to  the  limitations  hereinafter  specified,  on  which  pupils  shall  be 
admitted  to  the  privileges  of  the  school. 

§  422. — Admission  of  Pupils — Any  pupil  to  gain  admission  to 
the  privileges  of  instruction  in  said  normal  school,  shall  be  at  least 
sixteen  years  of  age,  possess  good  health,  satisfactory  evidence  of 
good  moral  character,  and  sign  a  written  pledge,  to  be  filed  with  the 
principal,  that  said  applicant  will,  as  far  as  practicable,  teach  in  the 
colored  common  schools  of  Kentucky  a  period  equal  to  twice  the 
time  spent  as  a  pupil  in  said  normal  school,  together  with  such 
other  conditions  as  the  board  may,  from  time  to  time,  impose.  But 
no  such  pledge  shall  be  required  of  pupils  who  matriculate  in  the 
departments  of  agriculture  or  mechanics. 

§  423. — Tuition — Tuition  in  said  normal  school  shall  be  free  to 
all  colored  residents  of  Kentucky  who  fulfill  the  conditions  as  set 
forth  in  the  preceding  section,  and  such  other  conditions  as  the 
board  may  require.  The  board  shall  fix  the  rate  of  tuition  and  the 
conditions  on  which  pupils,  who  are  residents  of  Kentucky,  may  be 
admitted  to  the  privileges  of  said  normal  school. 

§  424. — Christian  Morals — No  religious  tenets  shall  be  taught 
in  said  normal  school,  but  a  high  standard  of  Christian  morality 
shall  be  observed  in  its  management  and,  so  far  as  practicable,  shall 
be  inculcated  in  the  minds  of  the  pupils. 

§  425. — Biennial  Report — Annual  Report — The  board  shall,  in 
a  body  or  by  a  majority  of  their  number,  visit  said  normal  school 
once  during  each  session,  witness  the  exercises,  and  otherwise  in- 
spect the  condition  of  said  school,  and  they  shall  make  a  biennial 
report  to  the  Legislature,  setting  forth  the  financial  and  scholastic 


166  School  Laws  of  Kentucky. 

condition  of  said  normal  school,  making  such  suggestions  as  in 
their  opinion  would  improve  the  same,  and  in  the  years  in  which 
there  is  no  session  of  the  Legislature,  they  shall  make  their  report 
to  the  Governor. 

^  426.— Appropriation  $3,000— The  sum  of  $3,000*  shall  be  an- 
nually appropriated  out  of  the  State  treasury  to  pay  the  teachers 
?nd  defray  other  necessary  expenses  in  the  maintenance  of  said 
normal  school,  which  amount,  together  with  the  sum  received  under 
the  provisions  of  said  act  of  Congress,  shall  be  set  apart  and  be 
known  and  held  as  the  colored  normal  school  fund.  This  fund  shall 
be  paid  out  of  the  State  Treasury  only  on  the  warrant  of  the 
Auditor,  drawn  on  the  order  of  the  board. 

<^  427. — Certificates  of  Proficiency — The  board  is  authorized  to 
grant,  from  time  to  time,  certificates  of  proficiency  to  such  pupils 
as  shall  have  completed  the  prescribed  course  of  study  in  any  de- 
partment of  the  institution,  and  whose  moral  character  and  discip- 
Imary  relations  to  said  school  shall  be  satisfactory.  And  such 
teachers  as  shall  have  completed  the  prescribed  course  of  study  in 
the  normal  department,  and  exhibited  satisfactory  evidence  of  abil- 
ity to  instruct  and  manage  a  school,  shall  be  entitled  to  diplomas 
appropriate  to  such  degrees  as  the  board  shall  confer  upon  them, 
which  diplomas  shall  entitle  them  to  teach  in  any  of  the  colored 
common  schools  of  this  State.     (Approved  May  22,  1893.) 

§  428.— Change  Title—The  name  of  the  State  Normal  School 
ft)r  Colored  Persons  is  hereby  changed  to  that  of  ''The  Kentucky 
Normal  and  Industrial  Institue  for  Colored  Persons,"  and  its  board 
of  trustees  shall  be  known  as  "The  Board  of  Trustees  of  the  Ken- 
tucky Normal  and  Industrial  Institute  for  Colored  Persons." 

§  429. — President — The  presiding  officer  of  the  institute,  who 
shall  be  selected  by  the  board  of  trustees  shall  be  styled  the  "Presi- 
dent of  the  Institute,"  and  shall  be  the  chief  administrative  officer 
of  the  institution  under  the  control  of  the  board  of  trustees,  and 
be  ex  officio  a  member  of  the  board  of  trustees,  and  hold  his  office 
indefinitely,  at  the  will  of  the  said  board,  but  the  superintendent 
shall  have  no  vote  in  his  own  election  or  retention  in  office. 

§  430. — $15,000  Appropriated  for  Dormitory — The  sum  of  fifteen 
thousand  dollars  is  hereby  appropriated  for  the  purpose  of  building 
■<  dormitory  for  the  use  of  the  female  pupils  of  the  State  Normal 
School  for  Colored  Persons,  to  be  paid  by  the  Auditor  of  Public 


School  Laws  of  Kentucky.  167 

Accounts  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated on  the  written  order  of  the  chairman  of  the  board  of  trus- 
tees, as  the  work  progresses. 

§  431. — $5,000  Appropriated  for  Support — The  further  sum  of 
five  thousand  dollars  annually  is  hereby  appropriated  for  the  sup- 
port and  conduct  of  said  institution,  to  be  paid  by  the  Auditor  of 
Public  Accounts  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  on  the  written  order  of  the  chairman  of  the  board  of 
trustees  at  the  same  time  the  other  annual  appropriation  is  paid. 
(Acts  1902.) 

§  432. — The  sum  of  twenty  thousand  dollars  be  appropriated 
for  the  Kentucky  Normal  and  Industrial  Institute  for  Colored  Per- 
sons from  any  funds  in  the  Treasury  not  otherwise  appropriated, 
for  the  accomplishment  of  the  aforementioned  purposes,  to-wit: 
The  completion  of  a  girls'  dormitory  with  satisfactory  and  econo- 
mical plan  of  heating  and  lighting;  the  providing  of  water  for 
ordinary  use  and  for  fire  protection;  the  providing  for  industrial 
training  to  the  end  that  the  colored  youth  of  the  Commonwealth 
may  be  trained  into  industrious  habits  and  useful  trades,  as  the 
trustees  of  the  instituion  may,  in  their  wisdom,  decide  best  and 
most  practical.     (Approved  March  20,  1906.) 

§  433. — $40,000  Appropriated  for  Buildings,  &c. — The  sum  of 
forty  thousand  dollars,  or  as  much  as  may  be  necessary  thereof, 
be,  and  the  same  is  hereby,  appropriated  for  the  benefit  of  the  Ken- 
tucky Normal  and  Industrial  Institute  for  Colored  Persons,  Frank- 
fort, Kentucky,  for  the  purpose  of  paying  the  outstanding  indebted- 
ness heretofore  incurred  in  the  purchase  of  agricultural  lands ;  also 
for  the  erection  and  equipment  of  an  auditorium  and  practice 
school ;  also  for  the  erection  and  equipment  of  a  mechanical  shop ; 
also  for  the  erection  and  equipment  of  electric  light  and  heating 
plants,  and  for  the  further  extension  of  the  water  system  of  said 
institution. 

§  434. — Additional  Grounds  May  Be  Purchased — If,  in  the  judg- 
ment of  the  said  board  of  trustees  the  purchase  of  additional 
grounds  may  be  necessary  for  the  accommodation  of  the  new  build- 
ings herein  contemplated,  or  for  the  proper  conducting  of  said  in- 
stitution, they  may  make  necessary  purchase  and  pay  for  the  same 
nut  of  the  money  herein  appropriated.     (Approved  March  18,  1908.) 

§  435.— Appropriation    for    Buildings    $6,800. — Annual    Appro- 


168  School  Laws  of  Kentucky, 

priation  $3,000 — That  there  is  hereby  appropriated  out  of  the  gen- 
eral revenue  of  the  State  for  the  benefit  of  the  Kentucky  Normal 
and  Industrial  Institute  for  Colored  Persons  at  Frankfort,  Ken- 
tucky, the  following  named  sums  for  the  specific  purposes  named 
and  set  out  herein,  as  follows :  For  the  purpose  of  heating  the  ad- 
ministration building  and  purchasing  appropriate  apparatus  for 
same,  the  sum  of  Four  Thousand  Dollars  ($4,000.00)  is  hereby 
appropriated.  For  the  purpose  of  seating  the  auditorium  in  the  ad- 
ministration building,  the  sum  of  Sixteen  Hundred  Dollars  ($1,- 
600.00)  is  hereby  appropriated.  For  the  purpose  of  furnishing  the 
President's  offices,  the  sum  of  Two  Hundred  Dollars  ($200.00)  is 
hereby  appropriated.  For  the  purpose  of  furnishing  and  equipping 
the  sewing  department,  the  sum  of  One  Hundred  Dollars  ($100.00) 
is  hereby  appropriated.  For  the  purpose  of  furnishing  and  equip- 
ping the  cooking  department,  the  sum  of  One  Hundred  and  Fifty 
Dollars  ($150.00)  is  hereby  appropriated.  For  the  purpose  of  fur- 
nishing and  equipping  one  room  for  the  model  school,  the  sum  of 
Fifty  Dollars  ($50.00)  is  hereby  appropriated.  For  the  purpose  of 
equipping  the  printing  department,  the  sum  of  Two  Hundred  Dol- 
lars ($200.00)  is  hereby  appropriated.  For  the  purpose  of  equipping 
the  mechanical  department,  the  sum  of  Two  Hundred  Dollars 
($200.00)  is  hereby  appropriated.  For  the  purpose  of  equipping  the 
agricultural  department,  the  sum  of  Two  Hundred  Dollars  ($200.- 
00)  is  hereby  appropriated.  For  the  purpose  of  equipping  the 
library,  the  sum  of  One  Hundred  Dollars  ($100.00)  is  hereby  a])- 
propriated.  WHEREAS,  There  are  now  valuable  buildings,  equip- 
ment and  other  property  without  any  maintenance  fund  for  the  care, 
growth  and  development  of  the  institution,  the  sum  of  Three  Thous- 
and Dollars  ($3,000.00)  is  hereby  annually  appropriated  for  this 
purpose.     (Acts  of  1910.) 


School  Laws  of  Kentucky,  *  109 


CHAPTER  XXIII. 

ABSTRACTS  OF  DECISIONS  OF  THE  COURT    OF    APPEALS,    OPINIONS 

OF  THE  ATTORNEY-GENERAL,  AND  RULINGS  AND    BULLETINS 

FROM  THE  DEPARTMENT. 

Common  Schools — The  school  fund  cannot  be  applied  by  the 
Legislature  to  any  schools  except  those  actually  taught  by  teachers 
(|ualified  according  to  law  to  teach  in  districts  laid  out  by  authority 
(>{  the  school  laws,  and  under  the  control  of  trustees  elected  under 
those  laws,  which  all  white  children  in  the  district  within  a  specified 
age  are  privileged  to  attend.  1874.  Collins  v.  Henderson,  &c.,  11 
r,iish,  74. 

Normal  Schools — No  appropriation  for  the  support  of  normal 
schools  can  be  constitutionally  made  out  of  the  school  fund.  1874. 
Collins  V.  Henderson,  &c.,  11  Bush,  75. 

Taxation — In  general,  taxation  must  be  equal  and  uniform,  but 
^^  here  the  benefits  are  special  and  peculiar,  those  alone  who  receive 
the  benefits  may  be  made  to  pay  the  tax.  1874.  Marshall  v.  Dono- 
van, &c.,  10  Bush,  691. 

Taxation — Irregularity  in  Election — Where  a  tax  in  aid  of  com- 
mon schools  has  been  imposed  pursuant  to  an  election  held  for  that 
]4irpose,  the  burden  is  on  the  taxpayer,  who  resists  the  collection 
of  the  tax,  to  show  that  it  is  void.  A  mere  irregularity  in  con- 
ducting the  elction  will  not  authorize  the  chancellor  to  interpose, 
1881.    Trustees,  &c.,  v.  Garvey,  MS.    Opinion. 

Definiteness — A  tax  of  twenty-five  cents  on  the  hundred  dollars 
is  sufficiently  definite.     lb. 

Decision  of  County  Superintendent — The  decision  of  the  county 
superintendent  is  conclusive,  and  can  not  be  disturbed  by  court 
except  upon  the  ground  that  he  was  influenced  by  improper  motives. 
1890.    Brinsore  v.  Cottenham,  &c.,  Ky.  Law  Rep.,  720. 

Teacher  Compelled  to  Report — The  teacher  of  a  district  school 
may  by  mandamus  compel  the  trustee  to  make  to  the  commissioner 
the  report  necessary  to  enable  the  teacher  to  get  his  wages  from  the 
vState.  The  fact  that  the  trustee  may  be  indicted  for  a  failure  to 
report,  and  is  liable  in  damages  to  any  one  injured  l.:)y  failure,  does 


170  School  Laws  of  Kentucky, 

not  exclude  the  remedy  by  mandamus.  (1885.  Jones,  &c.,  v. 
Strange,  MS.  Opinion.) 

Attachments  of  Teachers'  Salary — Money  due  a  common  school 
teacher  can  not  be  attached  in  hands  of  commissioner.  1871.  Tracy, 
&c.,  V.  Hornbuckle,  &c.,  8  Bush,  336.  1879.  Allen,  &C.7  v.  Russell, 
&c.,  78  Ky.  116. 

Power  of  Legislature  over  School  Fund — ^The  General  Assembly 
has  no  power  to  devote  any  portion  of  the  school  fund  to  the  pay- 
ment of  teachers  not  acting  under  the  control  or  supervision  of  the 
officers  of  the  common  schools.  1872.  Halbert  v.  Sparks,  9  Bush, 
262. 

Taxation — Trustees  must  make  a  record  of  all  taxes  levied  when 
the  levy  is  ordered,  and  make  a  record  of  every  step  taken.  David- 
son V.  Sterett,  Superior  Court,  March,  1892. 

School  Fund — Legislature  Can  Not  Divert — A  private  academy 
was  authorized  to  admit  such  pupils  from  the  common  school  dis- 
trict as  would  pay  tuition,  and  then  collect  the  pro  rata  of  these 
pupils  from  the  State  school  fund ;  and  also  to  exempt  such  persons 
as  patronized  the  academy  from  strict  taxation.  Held — That  the 
act  was  unconstitutional  and  void.  Underwood  v.  Wood,  Co.  Supt., 
Ky.  Appellate  Court,  May  5,  1892. 

Titles  to  Lands — Trustees  accepted  the  donation  of  land,  with 
reversionary  interest  in  donor,  in  case  the  land  should  ever  cease 
to  be  used  for  school  purposes ;  and  levied  a  tax  to  be  used  to  build 
a  school  house  on  the  land,  but  exempted  the  donor  of  the  land 
from  this  tax.  A  taxpayer  in  the  district  resisted  the  payment  of  his 
taxes  because  the  trustees  had  not  a  fee-simple  title,  and  because 
they  exempted  the  donor  from  taxes.  Held — That  neither  .plea 
was  good,  and  he  must  pay  his  taxes.  John  Goss  v.  Trustees  of 
Dist.  25,  Fayette  County,  Superior  Court,  April,  1893. 

Condemning  Land  for  School  House — The  trustees  of  District 
7,  Letcher  county,  selected  a  site  for  school  house ;  the  owner  would 
not  sell;  they  applied  to  the  county  judge  for  a  writ  to  condemn  the 
land  for  school  purposes;  the  owner  answered  that  the  land  was 
not  at  the  center  of  district,  and  was  set  in  fruit  trees  and  in  use  as 
an  orchard;  the  county  judge  refused  to  issue  a  writ  to  condemn 
the  land,  and  the  trustees  appealed  to  the  Circuit  Court  and  asked 
for  mandamus  to  compel  the  county  judge  to  issue  the  writ.  Held 
— that  the  decision  of  the  county  superintendent  as  to  the  site  of 


School  Laws  of  Kentucky.  171 

a  school  house,  though  final  as  to  contention  of  certain  parties  in  the 
district,  does  not  affect  the  rights  of  the  land  owner;  that  the  county 
judge,  acting  in  a  judical  capacity,  had  the  right  to  refuse -the 
writ,  and  that  mandamus  was  not  the  proper  proceedings  to  set 
aside  his  decision.  Wright,  Trustee,  v.  Baker,  County  Judge,  Ken- 
tucky Appellate  Court,  May,  1893. 

Elections — The  petition  to  be  directed  to  the  county  judge  pre- 
liminary to  the  calling  of  an  election  taking  the  sense  of  the  voters 
of  a  proposed  graded  school  district  upon  the  proposition  whether 
or  not  they  will  vote  an  annual  tax  for  school  purposes,  should  be 
filed  with  the  county  judge  in  term  time,  and  the  election  therein 
provided  for  should  not  be  ordered  till  the  next  regular  term  of  the 
county  court.     99  Ky.,  11. 

School  Taxation — The  common  law  provides  that  the  railroad 
tax  shall  be  apportioned  between  the  white  and  colored  schools  in 
the  same  district,  but  this  provision  has  no  application  to  the  tax 
upon  the  property  of  any  other  corporation.  In  the  taxation  of 
private  corporations  for  the  support  of  graded  schools  the  stock 
owned  by  colored  persons  is  liable  to  be  taxed  only  for  colored 
schools,  and  that  owned  by  white  persons  only  for  the  white  schools. 
An  agreement  between  the  trustees  of  the  white  and  the  colored 
schools,  respectively,  for  an  apportionmnt  of  the  taxes  in  any  other 
manner  than  that  required  by  the  shcool  law  is  a  nullity.  18  Ky. 
Law  Rep.,  103. 

Not  Subject  to  Assessment  For  Street  Improvements — The 
property  of  the  Louisville  School  Board,  held  by  it  for  the  use  of 
the  State  to  carry  on  this  system  of  common  schools  established 
under  the  Constitution,  can  not  be  subjected  to  pay  assessments 
for  the  cost  of  street  improvements,  as  to  subject  it  to  such  assess- 
ment would  be  to  appropriate  the  property  to  another  purpose  than 
that  of  the  school  system,  which  is  forbidden  by  the  Constitution. 

Liability  for  Work  Contracted — The  city  having  the  authority 
to  contract  for  the  work,  but  no  authority  to  make  it  a  charge  upon 
the  abutting  property  which  belonged  to  the  school  board,  it  was 
liable  to  the  contractor  for  the  cost  of  the  work.  18  Ky.  Law  Rep., 
124. 

School  Elections — As  the  charter  of  cities  of  the  fourth  class 
does  not  prescribe  the  secret  ballot  in  the  election  of  members  of 
the  board  of  education,  the  voting  should  be  viva  voce,  and  those 


172  School  Laws  of  Kentucky. 

who  are  qualified  to  vote  under  the  general  law  may  vote.  1897. 
43  Southwestern  Reporter,  421. 

Common  Schools — State  Fund — Ky.  Stat.  Sec.  4432,  provides 
that  a  city  which  maintains  under  special  law,  an  adequate  and 
free  system  of  schools,  is  entitled  to  a  portion  of  the  common  school 
fund.  Ky.  Stat.  Sec.  4433,  provides  that  the  general  law  does  not 
affect  special  laws  except  as  to  teachers  as  specified  in  Ky.  Stat. 
Sec.  4428,  which  section  provides  that  "no  district''  shall  include 
more  than  100  pupils,  unless  it  contains  a  city,  ...  or  there 
be  established  therein  a  high  school,  academy,  or  college  entitled 
to  a  share  of  the  revenue  of  the  common  school  fund,"  in  which 
"cases  the  teacher  or  teachers  of  such  high  school,  academy,  or 
college  having  charge  of  common  school  pupils  shall  hold  certifi- 
cates and  be  subject  to  all  the  common  school  laws.  Held — That 
unless  teachers  employed  by  a  city  maintaining  a  school  system 
under  special  law  conform  to  the  common  school  standards  of  effi- 
ciency, or  hold  certificates  under  and  are  subject  to  the  common 
school  laws,  the  city  is  not  entitled  to  a  proportion  of  the  common 
school  fund.    19  Ky.  Law  Rep.,  466;  38  S.  W.  Rep.,  1066. 

Tax  Exemption — The  intent  and  spirit  of  an  act  of  the  General 
Assembly  providing  a  tax  upon  property  owned  by  white  persons 
in  a  designated  territory  for  the  purpose  of  maintaining  a  graded 
school  for  white  pupils,  is  manifestly  to  tax  all  property  save  that 
of  black  persons;  therefore,  a  corporation  seeking  an  exemption 
from  the  tax  must  show  that  its  corporators  and  stockholders,  who 
are  the  real  owners  and  are  persons  having  color,  are  black  persons. 

Corporation — A  corporation  is  an  inhabitant  within  the  meaning 
of  an  act  taxing  the  property  of  inhabitants,  and  the  property  of  cor- 
porations may  be  taxed  under  an  act  which  authorizes  the  taxation 
of  the  property  of  persons.    16  Ky.  Law  Rep.,  283. 


School  Laws  of  Kentucky.  173 


OPINIONS    OF  COURT  OF  APPEALS. 


An  act  making  the  regulations  as  to  what  children  should  go 
on  the  pupil  list  in  cities  of  the  first  class  different  from  that  pro- 
vided by  the  common  school  law  is  in  violation  of  the  constitution. 

The  salary  of  a  county  superintendent  is  not  subject  to  the  pay- 
ment of  a  judgment  against  him. 

Members  of  the  county  board  of  examiners  are  removable  at 
the  discretion  of  the  county  superintendent  without  assigning  any 
cause. 

A  county  superintendent  has  no  right  to  interfere  with  the  elec- 
tion of  a  teacher. 

A  county  assessor  has  no  power  to  assess  railroad  property  for 
taxation  for  school  purposes. 

A  verbal  resignation  of  a  school  trustee  is  illegal. 

A  board  of  education  of  a  city  elected  by  secret  ballot  was  a 
mere  irregularity  and  does  not  invalidate  the  election. 

A  county  superintendent  has  no  authority  to  try  charges  against 
trustees  of  graded  common  schools. 

The  entire  management  of  graded  common  schools  is  left  with 
the  five  trustees. 

The  board  of  education  of  a  city  of  the  second  class  has  no 
authority  to  petition  county  court  to  submit  question  as  to  issuing 
bonds  for  school  purposes  and  levying  a  tax. 

The  levy  of  taxes  in  second  class  cities  for  school  purposes 
should  be  only  for  fiscal  year  ending  December  31. 

The  vote  for  a  tax  for  a  graded  school  district  should  be  can- 
vassed by  the  election  commissioners  and  not  by  the  county  judge, 
clerk  and  sheriff. 

Persons  in  charge  of  public  schools  have  authority  to  control  and 
expel  pupils,  and  the  courts  will  not  interfere  with  their  authority 
unless  the  power  is  exercised  arbitrarily  or  maliciously. 

Lands  lying  within  boundary  of  graded  school  districts  are  liable 
for  taxation,  although  the  owner  resides  outside  of  the  district. 


174  School  Laws  of  Kentucky. 

Such  land  is  not  liable  for  taxation  in  common  school  district  where 
owner  resides. 

A  tax  levied  for  school  purposes  can  not  be  diverted  for  the 
purpose  of  establishing  a  public  library,  and  is  unconstitutional. 
(24  R.,  98.) 

An  order  for  holding  an  election  to  estabHsh  a  graded  school 
district  is  valid,  although  it  contains  a  clerical  misprision,  the  cer- 
tificates of  commissioners  who  counted  the  vote  is  sufficient  and 
the  regularity  of  such  election  is  presumed.     (24  R.,  164.) 

A  mandamus  lies  to  compel  board  of  commissioners  to  issue  a 
certificate  to  a  teacher,  but  does  not  lie  to  fix  average  of  teacher. 
(24  R.,  835.) 

Taxes  raised  under  special  act  for  benefit  of  a  district  school  for 
whites  must  be  distributed  pro  rata  between  white  and  colored 
schools  under  general  law.     (24  R.,  1421.) 

It  is  proper  to  hold  an  election  for  organizing  a  graded  common 
school  on  a  day  other  than  a  regular  election  day,  and  such  election 
shall  be  held  viva  voce. 

A  payment  of  three  per  cent,  of  school  fund  of  cities  of  second 
class  for  the  benefit  of  a  public  library  is  unconstitutional.  (25  R., 
341.) 

Under  the  provisions  of  section  4409  of  the  Kentucky  Statutes, 
requiring  a  county  school  superintendent  to  make  a  settlement  of 
his  accounts  as  such  officer  with  the  county  judge  annually  on  or 
before  the  first  day  of  August,  such  an  officer,  who  disregards  the 
statute  and  refuses  to  make  a  settlement  until  after  that  date,  for 
the  reason  as  alleged,  that  he  has  lost  two  receipts  for  money  paid 
out,  and  is  waiting  to  obtain  duplicates,  is  guilty  of  wilfully  failing 
to  settle  and  is  liable  to  a  penalty  imposed  by  that  statute.  (25  R., 
669.) 

A  child  whose  parents  reside  outside  of  a  city  and  who  lives  in 
the  city  with  a  relative,  is  not  entitled  to  attend  the  public  school 
without  the  payment  of  tuition,  where  her  residence  with  her 
relative  is  merely  voluntary  and  in  no  way  binding  either  on  her  or 
her  relative.     (25  R.,  723.) 

An  election  held  for  the  establishment  of  a  graded  school  district 
is  void,  if  the  petition  for  some  of  the  voters  fails  to  fix  the  location 
of  the  school  house.     (25  R.,  307.)  -         . 

A  teacher  in  a  common  school  can  not  be  required  to  teach 


ScJiool  Laws  of  Kentucky.  175 

special  studies  not  provided  for  by  the  State  Board  of  Education 
without  additional  compensation,  unless  so  provided  for  in  her  con- 
tract to  teach  said  school.     (27  R.,  967.) 

The  petition  authorized  to  be  filed  by  section  4464,  Kentucky 
Statutes,  asking  that  an  election  be  held  to  change  a  common  school 
district  into  a  graded  school  district,  shall  be  filed  in  the  county 
court  in  term  time,  and  the  order  for  an  election  be  made  at  a  sub- 
sequent term.     (27  R.,  1308.) 

An  incorporated  school  district  may  bring  an  action  for  delin- 
quent taxes.     (27  R.,  160.) 

A  tax  collected  by  a  city  for  school  district  v^hich  it  forms  must 
be  appropriated  to  school  purposes  alone.     (27  R.,  697.) 

In  an  action  to  enforce  the  collection  of  a  school  tax  every  act 
required  by  law  to  be  done  must  be  specifically  pleaded.  (27  R., 
991.) 

Where  the  trustees  of  a  graded  common  school  district  have, 
by  mistake,  made  a  levy  upon  property  not  in  the  district  and  col- 
lected the  tax,  they  may  make  a  levy  as  in  other  cases  provided  for 
by  statute  for  the  purpose  of  raising  money  to  return  the  tax  so 
collected  by  mistake.     (28  R.,  162.) 

The  city  of  Latonia  having  become  a  fourth  class  city,  and  the 
City  Council  having  adopted  an  ordinance  establishing  a  system  of 
public  schools  for  the  city,  it  was  the  duty  of  the  trustees  of  the 
graded  school  district  to  surrender  the  school  property  to  the  Board 
of  Education  of  said  city.    (29  R.,  391.) 

A  teacher  did  not  sign  the  contract  as  teacher,  but  it  was  held 
valid  because  her  name  was  signed  to  it  by  her  authority;  she  was 
only  a  day  or  so  late  in  reaching  the  school,  which  delay  was  due 
to  floods.  The  meeting  of  the  trustees  at  the  time  of  her  employ- 
ment was  regularly  held  and  the  corporation  was  therefore  bound 
by  it.  An  injunction  was  the  proper  remedy  for  her  to  exercise  to 
prevent  another  from  teaching  the  school,  and  the  only  way  by 
which  she  could  obtain  relief.    (30  R.,  179.) 

Normal  schools  are  among  the  institutions  for  which,  under  the 
provisions  of  section  184  of  the  Constitution,  the  Legislature  is 
authorized  to  make  appropriations  for  without  submitting  the  ques- 
tion to  a  vote  of  the  people,  and  the  Act  of  March  21,  1906,  must 
be  held  valid.     (31  R.,  79.) 

Where  a  lot  was  donated  to  a  school  district  by  the  owner,  who 


176  School  Laws  of  Kentucky. 

gave  the  trustees  a  title  bond  therefor,  which  provides  that  "if  the 
trustees  fail  to  maintain  a  common  school  thereon,  it  should  revert 
to  the  owner,"  on  which  the  trustees  erected  and  maintained  a 
school  house  for  thirty  years,  with  the  exception  of  a  few  years' 
intermission.  The  owner  of  the  land  surrounding  the  school  house 
sold  and  conveyed  it,  without  excepting  the  lot  in  his  deed  to  the 
purchaser.  Held — That  the  title  as  well  as  the  possession  of  the 
lot  was  in  the  school  district,  as  set  out  in  the  title  bond.  (31  R., 
287.) 

The  domicile  of  the  father  is  the  domicile  of  his  infant  children, 
and  where  the  father  resides  in  a  school  district  his  children  within 
school  age  should  be  included  in  the  census  for  that  district  though 
they  may  be  temporarily  out  of  the  district.     (31  R.,  633.) 

An  appeal  involving  the  right  of  the  trustees  of  the  town  of 
Hodgenville  to  sell  the  school  house  which  had  been  built  by  taxa- 
tion pursuant  to  a  vote  of  the  citizens  of  the  town,  to  the  graded 
common  school  district  trustees,  such  school  having  been  created  by 
a  vote  of  the  people.  Held  under  section  3660,  Kentucky  Statutes, 
the  board  of  trustees  of  the  town  had  the  right  to  sell  this  property, 
and  that  they  could  use  their  discretion  as  to  the  terms  of  the  sale. 
(32  R.,  716.) 


OPINIONS  OF  THE  ATTORNEY-GENERAL. 


Certificates — When  to  Renew — Certificates  must  be  renewed 
while  they  are  in  force  and  not  after  they  expire.  A  document  that 
is  dead  can  not  be  brought  to  life.  A  certificate  that  expires  Ma}^ 
24,  1908,  can  not  be  renewed  by  the  County  Superintendent  on 
May  25,  1908,  and  the  same  is  applicable  to  State  certificates  when 
renewed  by  the  Superintendent  of  Public  Instruction.  A  first  class 
certificate  is  good  for  four  calendar  years.  If  the  Legislature  had 
intended  school  years  they  would  have  used  the  term,  and  in  the 
absence  of  some  qualifying  word,  the  word  "year"  as  used  in  the 
Statutes  means  365  days. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 


School  Laws  of  Kentucky.  177 

County  Examiner — The  office  of  teacher  is  not  incompatible 
with  the  office  of  County  Examiner.  A  teacher  can  be  a  member  of 
the  County  Board  of  Examiners  if  she  holds  a  first  class  county 
certificate,  or  State  certificate,  or  State  diploma,  or  is  a  college 
graduate. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Denominational  Schools  not  Combined  With  Public  Schools — 

Under  Sections  5  and  189  of  the  Constitution,  followed  by  Section 
4368,  Kentucky  Statutes,  it  is  our  opinion  that  no  consolidation  of 
any  common  school  with  any  sectarian  school  can  ever  be  accom- 
plished, and  that  no  State  fund  must  go  out  to  the  aid  of  any  such 
school,  and  that  no  connection  or  combination,  be  it  called  Common 
School,  High  School,  Graded  School,  College  or  University,  can  be 
had  blending  with  any  denominational  school.  The  American  idea 
has  always  been  a  complete  separation  of  Church  and  State,  in 
order  that  we  might  have  the  constitutional  guaranty  of  freedom  of 
conscience  in  the  worship  of  God. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Subdistrict  Trustees — Election — Under  the  new  school  law  the 
following  paraphernalia  is  necessary  for  the  election  of  subdistrict 
trustees.  A  ballot  furnished  by  the  County  Clerk,  and  all  that  is 
necessary  to  be  printed  upon  this  ballot  is  the  names  of  the  trustees 
to  be  voted  for,  if  petitions  have  been  filed  with  the  clerk  the 
proper  time.  A  ballot  box  with  lock  and  key  should  be  provided, 
not  necessarily  a  regular  election  ballot  box,  but  one  large  enough 
for  the  needs  of  the  subdistrict.  A  sheet  upon  which  the  returns 
of  the  election  must  be  certified  and  returned  to  the  County  Super- 
intendent, and  kept  by  him  until  finally  destroyed.  The  election 
officers  are  notified  by  the  county  sherifif,  and  the  pay  for  his  ser- 
vices is  to  be  had  out  of  the  county  revenue  fund.  All  expenses  for 
the  holding  of  subdistrict  trustee  elections  should  be  paid  by  the 
Fiscal  Court. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 


178  School  Laws  of  Kentucky. 

Vaccination — The  power  to  carry  out  enforced  vaccination  of 
school  children  is  derived  from  what  we  call  the  police  power  of 
the  State,  which  power  is  lodged  in  the  Legislature,  and  this  body 
has  the  power  to  pass  any  law  concerning  the  regulation  of  its 
police  matters  as  long  as  they  are  within  reason.  County  Boards  of 
Health  are  given  power  under  certain  acts  of  the  Lc;gislature  to 
control  vaccination  of  any  and  all  persons,  to  keep  down  the  spread 
of  infectious  diseases.  If  vaccination  of  school  children  is  neces- 
sary, the  County  Board  of  Health  has  power  to  enforce  this  regula- 
tion.   Nothing  can  stand  in  the  way  of  its  reasonable  enforcement. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

County  Board  of  Education — Power  to  Borrow  Money — Under 
Sub-sections  11  and  12  of  Section  4426a,  Kentucky  Statutes,  County 
Boards  of  Education  have  the  implied  authority  to  borrow  money 
or  contract  other  indebtedness  for  school  purposes,  not  to  exceed 
the  anticipated  revenue  for  school  purposes  for  the  current  fiscal 
year. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Teachers  Must  Hold  Certificate  of  Qualification — No  part  of  the 
State  school  fund  can  be  paid  to  any  teacher  for  any  service  ren- 
dered as  a  common  school  teacher  in  the  public  schools  of  this 
State,  unless  she  possesses  a  certificate  of  qualification,  properly 
issued  by  the  County  Board  of  Examiners,  local  Boards  of  Educa- 
tion, or  other  authority  authorized  by  law  to  grant  certificates  of 
qualification.  Nor  can  such  person  be  employed  by  any  Division 
Board,  or  other  school  authority  with  power  to  contract,  as  a  public 
school  teacher,  and  no  contract  can  be  entered  into  with  any  person 
unless  she  holds  a  certificate  of  qualification  at  the  time  of  the 
making-  of  the  contract. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Superintendent  of  Public  Instruction — Power  to  Withhold 
School  Fund  for  Non-compliance  of  Law — I  am  of  the  opinion  that 
where  it  is  made  the  duty  of  the  county,  city,  district,  Board  of 


School  Laws  of  Kentucky.  179 

Education,  Board  of  Trustees  or  any  school  officer,  high  or  low,  or 
teacher  in  any  school,  to  do  or  not  to  do  certain  things,  by  any 
valid  act  of  the  Legislature  pertaining  to  the  common,  school  sys- 
tem, and  a  refusal  or  non-compliance  of  that  law  is  had  upon  the 
part  of  any  of  these  parties,  the  Superintendent  of  Public  Instruc- 
tion has  the  power,  and  should,  withhold  any  portion  of  the  public 
school  fund  that  may  be  due  the  said  party,  until  a  compliance  of 
the  law  is  had. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Bond  Issue  in  Graded  School  District — When  Vote  May  Be 
Taken — It  is  the  opinion  of  this  Department,  after  a  careful  review 
of  Article  10  of  Chapter  113,  Kentucky  Statutes,  that  the  Board  of 
Trustees  of  a  graded  common  school  district  may  within  a  period 
of  less  than  two  years  hold  more  than  one  election  upon  the 
proposition  for  the  issuing  of  bonds  of  the  district  for  the  purpose 
of  providing  funds  for  purchasing  suitable  grounds  and  buildings, 
or  for  erecting  or  repairing  suitable  buildings,  and  for  other  ex- 
penses needful  in  conducting  a  graded  common  school  district. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Institutes — When  To  Be  Held — It  is  our  opinion  that  no  Coun- 
ty Teachers'  Institute  can  be  held  legally  during  the  month  of 
June,  1909,  for  the  school  year  beginning  July  1,  1909,  and  ending 
June  30,  1910.  The  institutes  must  be  held  between  the  first  day 
of  July  and  the  first  day  of  November,  as  required  by  the  statute. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Subdistrict  Trustees — Vacancies — How  Filled — Vacancies  in  the 
office  of  subdistrict  trustees  should  be  filled  by  appointment  or 
election  by  the  Division  Board  of  Education  for  the  full  term  of 
the  vacancy. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 
Teachers — Election   of — Tie   Vote,   Etc. — A   teacher    must    be 


180  School  Laws  of  Keniuchy. 

elected  by  a  majority  of  all  the  members  of  the  Division  Board,  as 
provided  for  in  Subsection  6  of  Section  4426a.  The  County  Super- 
intendent can  in  no  way  act  as  a  member  of  this  board  in  the  selec- 
tion of  teachers,  and  in  case  of  a  tie  he  could  not  cast  the  deciding- 
vote. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Teachers — Date  of  Election — Legal — Where  teachers  are 
selected  by  the  Division  Boards  on  the  last  Saturday  in  June,  and 
a  vacancy  thereafter  occurs  by  the  teacher  resigning,  or  from  other 
cause,  the  Division  Board  may  be  convened  at  any  time  by  the  cnll 
of  the  chairman  to  fill  the  vacancy  thus  caused,  but  w^here  a  failure 
to  elect  a  teacher  on  the  last  Saturday  in  June  occurs,  the  last 
Saturday  in  July  follow^ing  is  as  early  as  an  election  can  be  held 
for  a  teacher  for  that  place.  It  is  not  a  vacancy,  but  a  failure  to 
elect. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Graded  School  Trustees — Vacancies — How  Filled — Where  a 
vacancy  occurs  by  the  removal  or  resignation  of  a  graded  school 
trustee,  same  is  to  be  filled  by  election  of  the  remaining  members 
of  the  board.  A  County  Superintendent  has  no  authority  to  remove 
a  graded  school  trustee,  and  if  guilty  of  misfeasance  or  malfeasance 
in  office,  he  may  be  removed  by  way  of  indictment  and  prosecution. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Removal  of  Teacher — Low  Attendance  at  School — Section  4447, 
Kentucky  Statutes,  provides  that  a  teacher  may  be  dismissed  if  the 
percentage  of  attendance  in  the  district  falls  below  twenty-five  per 
cent,  of  the  total  number  of  pupil  children  therein.  It  is  the  opinion 
of  this  Department  that  any  attempt  upon  the  part  of  patrons  of  a 
subdistrict  to  withhold  pupils  from  attending  the  sessions  of  school 
in  the  district,  for  the  purpose  of  lowering  the  percentage  of  at- 
tendance so  as  to  dismiss  the  teacher,  is  in  manifest  violation  of 
the  statute,  and  the  non-attendance  of  pupils  is  not  a  sufficient  cause 


School  Laws  of  Kentucky.  181 

to  authorize  the  dismissal  of  the  teacher.  The  meaning  of  the 
statute  is  to  give  the  teacher  a  fair  and  square  chance  to  do  her 
duty.  If  she  fails  in  doing  it,  and  the  attendance  decreases  on  this 
account,  she  should  be  dismissed. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Corporal  Punishment — There  is  no  law  in  this  State  prohibiting 
corporal  punishment  of  pupils  in  the  public  schools.  Of  course,  an 
unreasonable  infliction  of  punishment  upon  a  child  is  never  per- 
mitted, and  the  inflictor  would  be  both  civilly  and  criminally  liable. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Sheriff's  Fees  For  Collecting  County  School  Tax— Sheriflf's  fees 
for  collecting  the  county  school  tax  must  be  paid  out  of  the  county 
revenue,  and  not  from  the  revenue  for  school  purposes.  Every 
dollar  that  is  collected  for  county  school  purposes  must  go  to  the 
treasurer  of  the  County  Board  of  Education. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

County  Superintendent's  Salary — Extra  Pay  as  a  Member  of 
the  Board — The  County  Superintendent  does  not  receive  a  salary 
of  three  dollars  per  day  when  acting  as  chairman  of  the  County 
Board  of  Education.  He  is  a  member  by  virtue  of  his  office.  The 
ether  members  are  entitled  to  their  per  diem. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Incompatible  Offices — No  person  who  is  a  trustee  of  a  common, 
jLjraded  common,  or  city  school  can  hold  at  the  same  time  any  office 
of  trust  or  profit  of  the  Federal,  State,  county  or  municipal  govern- 
ment, nor  a  deputy  of  any  such  office.  These  offices  are  incompat- 
ible with  the  position  of  school  trustee  of  the  schools  named. 

TOM  B.  McGregor, 

Assistant  Attorney  General, 
County  High  School — Establishment  of  With  Graded  School — 


182  School  Laws  of  Kentucky. 

Under  authority  of  Sub-section  8  of  Section  4426a,  Kentucky  Stat- 
utes, the  County  Board  of  Education  in  each  county  has  the  au- 
thority to  contract  with  the  Board  of  Trustees  of  any  graded  com- 
mon school  in  the  county  for  the  purpose  of  placing  therewith  the 
County  High  School  or  County  High  School  pupils,  if  ^uch  graded 
school  meets  the  requirements  of  the  State  Board  of  Education  as  a 
high  school. 

TOM  B.  McGregor, 

Assistant  Attorney  General. 

Railroad  and  Bridge  Taxes — To  Whom  Paid — Fees  For  Collec- 
tion— Taxes  against  any  railroad  or  bridge  company  levied  in  any 
common  school  district  are  to  be  paid  to  the  sheriff  of  the  county, 
who  shall  receive  the  ordinary  collecting  statutory  fees  for  collect- 
ing same,  and  when  collected  must  be  by  him  paid  over  to  the 
County  Superintendent  under  the  provisions  of  Sections  4100,  4101 
and  4129,  Kentucky  Statutes. 

TOM  B.  McGregor. 

Assistant  Attorney  General. 


School  Laws  of  Kentucky.  183 


OPINIONS  OF  THE  COURT  OF  APPEALS. 


The  County  School  Superintendent  has  power  to  canvass  the 
returns  and  decide  the  vote  on  a  school  election  in  a  graded  school 
district  for  the  issuance  of  bonds  to  raise  money  for  school  purposes. 
McGinnis  v.  Board  of  Trustees,  &c.,  108  S.  W.,  289. 

Trustees  (or  other  governing  body)  of  a  school  district  or 
districts  can  only  bind  the  district  by  a  corporate  meeting  held  as 
provided  by  lavv^,  and  the  acts  must  be  valid  acts  of  that  body. 
Cooke  et  al  v.  District  No.  7,  &c.,  Ill  S.  W.,  688. 

An  order  by  the  County  Superintendent  of  Schools  that  school 
districts  shall  be  so  changed  as  to  include  a  specified  person  in 
District  No.  42,  and  exclude  him  from  District  No.  47,  changed 
the  boundary  between  the  two  districts  so  as  to  include  such  per- 
son's farm  in  its  entirety  within  District  No.  42,  transferring  his 
tenants  to  that  dristrict.    Farmer  v.  Pace,  116  S.  W.,  324. 

An  election  to  establish  a  graded  school  district  is  not  invalid 
because  certain  persons  not  qualified  were  permitted  to  vote  where 
the  result  of  the  election  would  not  be  affected  if  all  of  the  objection- 
able votes  were  deducted  from  those  received  by  the  prevailing 
side.  It  is  the  policy  of  the  law  to  uphold  elections  for  the  purpose 
of  advancing  the  educational  interests  of  the  children  of  the  State, 
and  not  to  annul  them  for  light  and  trivial  causes ;  and  mere  irregu- 
larities in  the  conduct  of  an  election,  which  do  not  deprive  the 
citizens  of  the  full  and  fair  opportunity  of  exercising  their  right 
of  suffrage  in  regard  thereto,  are  not  sufficient  to  annul  the  election. 
Taylor  v.  Sparks,  118  S.  W.,  970. 

The  Sullivan  School  Act  of  March  24,  1908,  is  constitutional  and 
it  is  mandatory  upon  the  Fiscal  Court  to  levy  a  school  tax  for  the 
amount  asked  for  by  the  County  Board  of  Education.  Prowse,  &c. 
V.  Countv  Board  of  Education,  120  S.  W.,  307. 


184  School  Laws  of  Kentucky, 

Section  4464,  Kentucky  Statutes,  providing  that  no  point  on 
the  boundary  of  the  proposed  graded  school  district  shall  be  more 
than  two  and  one-half  miles  from  the  site  of  its  proposed  school 
house,  &c.,  when  considered  in  connection  with  Section  4481,  au- 
thorizing the  trustees  to  order  an  election  to  submit ^the  question 
of  the  issuance  of  bonds  to  provide  grounds  and  buildings,  &c.,  and 
Section  4439,  authorizing  proceedings  to  condemn  a  site  for  a  school 
house  not  exceeding  one  acre,  requires  that  the  two  and  one-half 
mile  boundary  of  a  graded  common  school  district  shall  ])e 
measured  from  the  outer  boundary  of  the  site  of  the  school  build- 
ing, provided  the  site  does  not  exceed  one  acre.  Clear  Springs  Dis- 
tilling Co.  V.  Board  of  Trustees,  122  S.  W.,  527. 

The  effect  of  the  prohibition  of  the  Act  of  1908,  in  re-enacting 
Sections  4464-4500a,  Kentucky  Statutes,  as  a  part  thereof,  graded 
school  districts  operating  under  special  charter  or  established  by 
popular  vote,  remain  unaffected  by  the  Act  of  1908  in  their  boun- 
daries, government  and  regulation ;  but  under  the  Act  of*  1908,  pro- 
viding that  all  resident  males  over  twenty-one  years  of  age  shall 
have  the  right  to  vote  at  elections,  women  are  no  longer  entitled 
to  vote  in  graded  common  school  elections.  Jeffries,  &c.  v.  Board 
of  Trustees,  122  S.  W.,  802. 


RULINGS  OF  THE  DEPARTMENT. 


When  a  graded  common  school  district  is  established  it  becomes 
a  permanent  corporation.  The  petition  to  the  county  judge  asking 
for  the  order  of  election  can  not  limit  the  time  the  proposed  graded 
school  district  is  to  exist.  The  organization  of  a  graded  school  dis- 
trict, authorizing  the  trustees  to  levy  a  tax  not  exceeding  the  sum 
named  in  the  petition,  does  not  make  the  levying  of  the  tax  obli- 
gatory on  the  board ;  it  merely  clothes  them  with  the  power  to  levy 
each  year.  They  may  reduce  the  amount  of  the  levy  any  year,  or 
may  remit  it  entirely  for  any  year. 

The  failure  of  a  teacher  to  attend  the  county  institute  does  not 
forfeit  the  certificate,  but  merely  renders  it  forfeitable  in  case  no 


School  Laics  of  Kentucky.  185 

legal  excuse  is  given.  Before  a  certificate  is  revoked  for  a  failure 
to  attend  the  institute  the  teacher  should  be  given  notice  to  appear 
and  show'cause,  if  he  can,  why  the  certificate  should  not  be  revoked. 
An  applicant  for  a  certificate  must  be  not  less  than  eighteen 
years  of  age  at  the  time  he  takes  the  examination. 

The  examinations  for  common  school  graduation  provided  for 
under  Section  7,  School  Law,  must  be  held  on  prescribed  days  in 
January  and  May —  not  on  other  days,  nor  in  other  months.  The 
questions  must  be  prepared  for  these  special  days  by  the  State 
Board  of  Examiners — not  by  superintendents  or  teachers,  nor  can 
the  questions  be  given  out  on  other  dates.  The  examination  must 
be  conducted  by  the  County  Board  of  Examiners  and  cannot,  there- 
fore, be  conducted  at  various  places  by  various  persons.  My  opinion 
is  that  these  examinations  are  to  be  held  under  the  same  general 
restrictions  as  the  examinations  of  teachers. 

State  Diplomas  and  other  certificates  of  qualification  to  teach 
are  to  be  granted  upon  a  personal  examination  only,  and  on  the 
days  specified  in  the  law.  No  special  examinations  will  be  au- 
thorized. 

Certificates  must  be  renewed  while  they  are  in  force — not  after 
they  expire. 

There  is  no  provision  in  the  law  for  a  ''supplementary  check"  to 
cover  errors  in  the  census. 

A  teacher  is  paid  for  Institute  week  only  in  case  the  teacher  is 
ill  actual  attendance  during  the  entire  session  and  the  Institute  is 
held  during  the  session  of  his  school — not  otherwise. 

All  matters  of  difference  and  doubt  touching  the  administrative 
duties  of  officers  and  teachers  of  the  District  and  Graded  Common 
Schools  of  a  county  are  to  be  decided  by  the  County  Superintendent. 
The  County  Superintendent  is  urged  to  meet  disputed  questions 
squarely  and  to  decide  them  promptly  and  in  conformity  to  law. 
Such  decisions  must  be  in  writing,  and  copies  of  them  should  be 
kept  on  file.  Appeals  can  then  be  taken  to  this  office  if  desired,  but 
not  until  the  County  Superintendent  has  rendered  an  opinion  as 
noted. 


INDEX 


Page 

ACCOUNTS— 

Kept  by  Supt.  of  Public  Instruction 13 

ABSTRACTS— 

Of  Court  of  Appeals,  Decision 173,  183 

AFFIDAVIT— 

Of   Examiners 28 

AGRICULTURAL  AND  MECHANICAL  COLLEGE— 

(See  State  University.) 

Tax  to  remain  until  changed  by  law  _■ 1 

APPLICANT— 

To  possess  good  moral  character i  29 

ASSISTANT  TEACHER— 

May  be  employed 5 

Qualifications    5 

Salary    5 

ATTORNEY-GENERAL— 

Opinions   of   176 

Opinion  of  to  be  filed 14 

To  advise  Supt.  of  Public  Instruction 14 

AUDITOR  OF  PUBLIC  ACCOUNTS— 

To  distribute  school  funds 9 

To  furnish  data  to  ascertain  per  capita 7 

To   transfer   Dog  Tax   Fund  to  County   School 

Fund 10 

BALLOT— 

Names  printed  on 45 

Paid  for  by  v^hom 45 

Shall  not  contain  what 45 

Shall  provide  what 45 

Trustee  election  by 45 

Who  to  furnish 45 

BIENNIAL  REPORT— 

Number,  etc. 13 

Of  iSupt.  of  Public  Instruction 13 

To  be  furnished  General  Assembly 13 


188  Index 

Page 

BLANKS— 

Supplied  by  State  Superintendent  and  Teachers —  35 

BONDS— 

Contractors  for  text  books  to  give^ 39 

To  be  approved  by  Attorney-General •  39 

Graded  School — 

How   issued   61 

Interest  on  limited 67 

Provisions  concerning 67 

Recover  on 39 

BOND  OF  COMMONWEALTH— 

To  issue  1,6 

BOOKS— 

Certain  kinds  not  allow^ed  where 74 

For  county  library 74 

BOUNDARIES- 

Changed  by  whom 45 

Change  of  in  graded  schools  powers  of  Trustees  55,  68 

New,  in  graded  schools 54 

Of  educational  divisions ^ 45 

Of  Graded  Schools- 
Change   of   55,68 

Include  what ,__, 55,68 

How  established   55,68 

Of  Graded   Schools  in  Territory  with  Adjacent 
County — 

Established   how   55 

Change   of   55 

Limits   55 

BY-LAWS— 

Of  graded  school  Trustees 59 

CAMPAIGN  FUND— 

Contractors   of   text    books    not   to   subscribe    to 

penalty 43 

CENSUS— 

Compensation  of  Trustee 48 

County  Supt.  to  take — when 20 

Cost  paid  by  county 20 

To  recover  same  from  Trustee 20 

Salary  of  County  Supt.  based  upon 26 

Time  of  taking 20 


Index  189 

Page 

When  taken 48 

Who  to  take 48 

CERTIFICATES— 

Access  to  questions  27,  33 

Drunkenness  of  applicant,  etc. 27,  33 

Grades  of,  in  common  schools 27,  33 

Improper  granting  of  penalty 27,  33 

Moral  character  of  applicant  30 

Not  to  be  issued  in  presence  of  applicant 30 

Of  completion  of  common  school  course 6 

Who  entitled  to  receive , 6 

CHIED  LABOR  ACT—  « 

Appointment  of  La'bor  Inspector 84 

His  duties . 84 

Becomes   effective  when   92 

Children  not  to  be  employed 84 

Condition  of  walls  90 

Copies  to  be  posted  where 90 

Dangerous  machinery  to  be  guarded 89 

Duties  of  Truant  Officers  under 84 

Duties  of  Employes  under 87 

Employment,  children  not  to  be  employed 84 

Employment  certificate  to  describe  child 85 

Examination  of  children 85 

Evidence  of  child's  age 86 

Law  of  1906  repealed 90 

Names  of  children  employed  to  be  furnished 87 

Labor   Inspector   84 

Penalties  for  violating  act 87,90 

Powers  of  Grand  Jury  under 90 

Procedure  in  absence  of  school  record 86 

Seats  provided  for  girls 89 

Wash  rooms  and  closets 89 

What  school  record  to  contain -    86 

When  employment  certificate  not  to  be  issued  —  84 

Who  to  approve  certificate 84 

CHILDREN— 

Absentees  to  6e  reported  to  Truant  Officer 81 

Both  white  and  colored  included 45 

Committed  to  Parental  or  Truancy  School 81 

Employment  certificate  to  describe 86 


190 


Index 


Examination  of 

Evidence  as  to  age 

List  to  be  furnished  to  whom 

Must  attend  school 

Names  of  employed  furnished  Labor  Inspector  _ 

Not  to  engage  in  certain  employments 

Penalty  for  failure  to  send  to  school 

Penalty  for  making  false  statement  concerning 

Record  of  age  under  Truancy  Law 

Under  Fourteen  Not  to  be  employed — when 

When  to  be  enrolled  and  compelled  to  attend  city 
schools   

CHURCH  AND  STATE— 

To  be  separate   

CITY  SCHOOLS— 

Graded  schools  provisions  concerning 

CITIES  OF  THE  FIRST  CLASS— 

Advertisement  for  supplies 

Appointment  of  officers 

Apportionment   of   revenues   

Appropriation  of  money : : 

Board  of  Education — 

Election   

Powers  and  duties 

Eligibility   

Compensation 

Term  of  office 

Vacancies — how    filled 

Must  surrender  school  property 

Books  to  be  audited 

Business  Director — 

Compensation — duties 

Bond  to  be  given 

Report  to  be  made 

Appointment  of  janitors 

Census  to  be  taken  

Certification  of  teachers 

Charges  against  officers 

Contracts  to  lowest  bidders 

Depositaries  to  be  selected 


Page 
84 
84 
81 
75 
87 
88 
75 
75 
75 
83 

75 


65,66 

100 

97 

102 

106, 107 

91 
92 
93 
93 
93 
96 
96 
103 

'   98 

99 

105 

99 

105, 107 

107 

106 

100 

101 


Index  191 

Page 
Election— 

By  secret  ballot 94 

General  election  law  to  control 94 

Members  to  be  voted  for 95 

Kindergartens — 

Power  to  establish   104 

Money  may  be  borrowed 102 

Organization  of  board 95 

Penalty 95,  105 

Perquisites 106 

Property  to  escheat   \0?> 

Punishment  of  members 107 

Pupils — 

Qualifications    104 

Admitted  from  beyond  city 104 

Real  Estate — 

Power  to  purchase  or  condemn ^ 92 

Record  of  Proceedings 106 

Religious   Instruction   prohibited   104 

Repealing  clause  106 

Reports  to  be  made 105 

Rules  and  By-laws 97 

School  fund  103 

Secretary  and  Treasurer  to  be  appointed 100 

Separate  schools — white  and  colored 104 

Superintendent  of  schools — 

Appointment 97 

Powers  and  duties 97 

Text  book  adoption 106 

Tax  Levy — 

Duty  of  Board 102 

Duties  of  Officers  as  to  collection 103 

CITIES  OF  THE  SECO»ND  CLASS— 

Public  Schools  in 109,  117 

Board  of  Education ^ 148 

Bonds  may  issue 111,112 

Bribery  of  members  __. 114 

Clerks — powers  and  duties 115 

Election  of  mem'bers 116,  117 

Election  by  secret  ballot 117 

Election  of  teachers 110 

Expenses — estimated 111 


192  Index 

Page 

Examination  of  teachers 114 

Funds — ^^How  obtained 110 

Control  of 115 

Appropiation  of 116 

Indebtedness  of •  116 

Qualifications  of  members 110 

Members  not  to  be  interested  in  certain  things  114 

Money — Power  to  borrow 111 

Non-resident  pupils 113 

Powers  and  duties  of 109 

Power  to  build  and  purchase  sites 109 

Power  to  establish  Normal  Schools 115 

President  of 116 

Reports  of 111 

Separate  schools  to  be  maintained 114 

Taxes— levy  and  collection 111 

Treasurer — power  and  duties ,_  115 

Voters — qualifications  of 117 

Religious  instruction  in 117 

CITIES  OF  THE  THIRD  CLASS—    . 

Public  schools  in 118, 123 

Board  of  Education 118 

Appointment  of  officers 119 

Appointment  of  teachers .-  119 

Election  of 157 

Estimate  of  expense 120 

Funds — vested  in 119 

How  paid 122 

Issue  of  certificate 120 

Indebtedness 122 

Library  established 122 

Levy  and  collection  of  taxes 120 

Non-resident  pupils 122 

Oath  of  Trustee 121 

Power  to  purchase  and  build 119 

President  of 122 

Qualifications  of   118 

How  determined 119 

Reports  of 120 

Separate  school  maintained . 121 

Time  of  meeting 118 


Index  193 

Page 

Text-books — adoption  of 120 

Treasurer — powers  of  and  duties , -124 

Vacancies — how  filled 119 

CITIES  OF  THE  FOURTH  CLASS— 

Public  schools  in 123,  131 

Board  of  Education 123 

Appropriation  of  money 127 

Election  of  officers  and  teachers 124 

Estimate  of  expenses 125 

Funds — how  vested 124 

Control  of 126 

Indebtedness 127 

Issu,e   certificates    125 

Library — establishment  of 127 

Levy  and  collection  of  taxes 125 

Qualifications  of 123 

Non-resident  pupils 12/' 

Not  to  be  interested  in  what .  ._  126 

Oath  of  Trustee 126 

Powers  and  duties  of 123 

Power  to  convey 125 

Power  to  establish  schools 128 

President — * 

Election  of 127 

Salary  of 126 

Reports  of ,.-  125 

Separate  schools  to  be  had 126 

Text-books — adoption  of 125 

Treasurer — power  and  duties 126 

White  and  colored  schools 129 

COLORED  CHILDREN— 

"Enforced  attendance  Act"  applied  to 76 

Included    45 

COLORED  GRADED  SCHOOLS— 

Provisions  concerning 65 

COLORED  NORMAL  SCHOOLS— 

Admission  of  pupils 165 

Appropriation  for  166,  167,  168 

Board  of  Trustees — 

Certificates  granted  by 166 

Composed  of  whom 164 

Course  of  study  prescribed 16.t 

May  purchase  additional  grounds 167 


194  Index 

Page 

ReJ)ort — Biennial   165 

Report — annual    165 

Term  of  office : 164 

,  "        Treasurer  elected  by 164 

Bonds *  164 

Duties  —^ 164 

Congressional  act  of  1862 164 

Morals,  etc. : 165 

President  of — how  selected 166 

Title  changed 166 

Tuition,   etc.   165 

COMMON  SCHOOLS— 

Defined 4 

Efficient  system  to  be  had 1 

General  Assembly  to  provide 1 

COMMON  SCHOOL  LAWS— 

Edited   by    State    Superintendent    of    Public    In- 
struction— When    14 

To  be  read  and  expounded  in  Teacher's  Institute. _  71 

CONSCIENCE— 

Freedom  of  to  be  had 3 

CONSOLIDATION— 

Of  sub-districts — When  53 

Who  to  consolidate 53 

CONSOLIDATED  SCHOOLS— 

Provisions  concerning 53,  54 

CONTRACTS— 

Teachers'  in  duplicate 60 

Teachers'  to  be  in  writing 60 

COURSE  OF  STUDY— 

In  Common  Schools 11 

Who  to  provide 18 

COUNTY— 

Compose  school  district 45 

Divided  into  divisions 46 

Number 46 

When -  45 

Who  to  divide 55 

COUNTY  ATTORNEY— 

Examination  of  teachers — when  to  hold 17 


Index  195 

Page 

Meet  with  County  Superintendent _   J-5 

Assist  in  dividing  county 45 

COUNTY  BOARD  OF  EDUCATION— 

Body  politic 49,  52 

Chairman  of — who 53 

Compensation  of  members 53 

Duties     and    powers    concerning    County     High 

Schools 49 

Estimate  tax ^  50 

How  composed 49 

Members  not  to  be  interested  in  what 53 

Members  to  inspect  schools 53 

Money  expended  how 52 

Power  to  condemn  lands  _^ 52 

Power  to  establish  and  change  subdistricts 52 

Power  to  purchase,  lease  and  rent  sites ._  52 

Power  over  county  High  Schools 49 

Sue  and  be  sued 52 

To  employ  High  School  teachers 52 

To  establish  county  High  Schools - 49 

To  receive  gifts,  etc. — duties  concerning 52 

Title  of  property  vested  in 52 

When  to  meet 53 

COUNTY  BOARD  OF  EXAMINERS— 

Appointment  of ' 27 

Compensation  of 33 

Duties  of 27,35 

Eligibility  of 27 

Oath  of— 

To  be  filed  in  the  clerk's  office 27 

Qualifications   of   27 

Satisfied  as  to  character  of  applicant 28 

To  exclude  other  persons 28 

To  make  rules  governing  district  libraries . 28 

COUNTY  CERTIFICATES— 

Average  grades  required  by 28,  32 

Classes — 

First 28,32 

Second 28,32 

Third 28,32 

How  renewed , .._  32 


196  Index 

Page 

Revoked 31 

Third  class  to  be  held  only  once . 31 

Time  to  run 31 

Unlawful  to  grant — when .  28 

What  grades  entitle  holders  to  teach  in  subdistricts  28 

COUNTY  CLERK— 

Ballot — to  furnish 46 

Graded  school — duty  concerning 46 

Oath  of  County  Examiner  filed  with 27 

Send  copy  of  settlement  of  County  Superintendent 

to  Superintendent  of  Public  Instruction 27 

COUNTY  ELECTION  COMMISSIONERS— 

Officers  of  Trustees'  election  appointed  by 47 

COUNTY  HIGH  SCHOOL— 

Classes  of 49 

Established   how   49 

Provisions  concerning 49 

COUNTY  JUDGE— 

Duties  concerning  schools  of  adjacent  county 55 

Graded  schools — duty  concerning 54 

Meet  with  County  Superintendent 45 

Notify    Superintendent   of    Public   Instruction   of 

vacancy  in  office  of  County  Superintendent 26 

To  purchase  text  books — when 21 

To  assist  in  dividing  county 45 

COUNTY  LIBRARY  COMMITTEE— 

Books  barred  from 73 

Books  furnished  by  Superintendent  of  Public  In- 
struction    73 

Condition   reported   to   Superintendent   of   Public 

Instruction 73 

Fund  for 73 

Institute  fund  to  go  to 73 

Purchase  of  books,  etc. 74 

Report  of  condition  to  County  Institute 74 

Where  located 1 26 

Who  compose  committee — duties 74 

Where  to  be  kept 74 

Who  to  care  for ,_  74 

COUNTY  OFFICERS— 

Not  eligible  to  office  of  County  Superintendent 18 


Index  197 

Page 
COUNTY  SCHOOL  BOOK  LAW— 

Adopted  Texts—  ^ 

Must  be  exclusively  used 41 

Penalty  for  violation 41 

Adoption  of  Books — 

Sealed  bids 37 

Advertisement 37 

Agents  to  be  appointed 40 

Bids  may  be  rejected 38 

Books — 

Must  comply  with  sample •  42 

Bond  to  be  filed  by  publisher 44 

Branches  to  include  Elementary  and  High  Schools  38 

Bribery — Penalty 43 

Cities — 

Exempt   38 

To  adopt 44 

Contract — 

To  be  prepared  by  State  Superintendent 3^ 

Approved  by  Attorney-General 39 

To  be  awarded 39 

County  High  School  Adoption 39 

County  Judge  to  exchange  second  hand  books 40 

County  Superintendent  to  furnish  list 40 

Damages  on  bond  may  be  recovered 42 

Exchange  of  books 40 

License  Fee — 

Paid  to  publisher 42 

To  be  used  for  expenses 42 

Meetings  of  Commission — 

Record  to  be  kept  by  Secretary 37 

Members  of  commission 36 

Merits  of  books  to  be  considered 38 

Money  for  campaign  purposes 43 

Notify  State  Superintendent _-  39 

Oath  of  Office 37 

Patrons  may  exchange  old  books 40 

Penalty — 

For  unlawful  sale  or  extra  charge 40 

Prices — 

Of  books 40 

Agreement  to  control 43 


198  Index 

Page 

Proceedings — 

To  be  instituted  by  Attorney-General 43 

Proposal  to  State  contract  and  exchange  prices 37 

Publisher  must  file  statement •  41 

Repealing  Clause 45 

Specimen  copy  of  books 37 

State  Board  of  Education  to  make  printed  lists 41 

Sworn  statement  to  be  filed  by  publisher 43 

Uniform  series  of  books 38 

Vacancies — How  filled 37 

COUNTY  SUPERINTENDENT— 

Administer  oath  during  examination  when 33 

Agent  for  text-'books — penalty  for 25 

Annual  report  to  Fiscal  Court 23 

Annual  report  to  County  Court 23 

Annual  report  to  include  county  library 74 

Annual  settlement — when  made 23 

How  made  23 

To  county  judge . . 23 

Appeal  by  to  Circuit  and  Court  of  Appeals 2b 

Appeal  from  decisions  of ,._  25 

Appeal  to  in  suspension  of  pupil 36 

Approval  of  removal  of  teacher  by  Division  Board  36 

Approval  in  dismissing  teacher _ 49 

Attendance  at  office 25 

Blanks  to  be  furnished  by 24 

Bond  of 19 

Buying  teachers'  claims 25 

Penalty  for 25 

Casts  tie  votes  when 48 

Certificate  of  attendance  at  Institute  given  by 71 

Change  of  made  to  Auditor  by  Superintendant  of 

Public  Instruction 13 

Chairman  of  County  Board 49 

Compensation  of 26 

Conform  to  rules  required  by  Superintendent  of 

Public  Instruction   25 

County  library — duties  concerning 7^ 

Deliver  eflfects  to  County  Clerk  when ^7 

Duties  to  County  Board  of  Education 53 


Index  199 

Page 

Duties  concerning  examination  for  State  Certifi- 
cates    28 

Eligibility  of 16 

Election  of 16 

Eligibility  of  in  counties  containing  cities  of  the 

first   class    18 

Examination  of  teadiers  held  by 27 

Examine  teachers'  register 20 

To  see  that  proper  records  are  in 19 

To  write  subdistrict  boundary 19 

Failing  to  pay  out  money — penalty  for 23 

Failure  to  deliver  effects  of  office — penalty  for 27 

Failure  to  settle  with  County  Court — penalty  for__  27 

Fraudulent  report — penalty  for 22 

Graded  schools — to  organize  when 58 

Graded  school  fund — duty  concerning 61 

Institutes — to  organize  and  cause  to  be  held 69 

Joint  Institute — duties  concerning 71 

Keep  questions  under  seal 28 

Keep  pubhc  account 24 

May  administer  oath 24 

Make  annual  report  to  Superintendent  of  Public 

Instruction . 23 

May  request  Normal  instructors  for  Institute 72 

Meet  with  County  Judge  and  County  Attorney 45 

Member  of  Division  Boards 48 

Must  attend  Teachers'  Associations 73 

Not  to  be  interested  in  what — ^penalty : 53 

Notice  given  Trustee 25 

Notice — official  _J 24 

Notify  Trustee  of  meeting 48 

Office  of  furnished  by  Fiscal  Court 26 

Official  visit  19 

Duties  to  perform  under 19 

Official  decisions 25 

Office  at  county  seat 26 

Organize  Division  Board 48 

Penalty  for  failure  to  make  annual  report 50 

Penalty  for  failure  to  hold  Teachers'  Institutes —  70 

Penalty  for  paying  teacher  on  false  report 35 

Power  to  revoke  State  certificate 30 


200  Index 

Page 

Public  records  kept  by 24 

Qualifications  of  16 

Certification  of 16 

Requisitions  for  questions ^  27 

Removal  by  County  Court 27 

Removal  of 26 

Responsibility  for  errors  in  census  report 20 

Returns  of  election  certified  to 46 

Select  place  of  holding  Institutes 69 

Settlement  with  County  Court 27 

Special  bond  given  by 50 

State   diploma  qualifies   29 

Successor — duty  to 27 

Suspension  of  teacher  by 25 

Term  of  office 18 

To  appoint  County  Examiners 27 

To  divide  county 45 

To  employ  Institute  instructors 70 

To  furnish  books  to  indigents 21 

To  keep  official  record . 24 

To  notify  teachers  when  Institute  meets 71 

To  pay  Institute  expenses 72 

To  make  census  reports 20 

To  pay  teachers  when 21 

To  reside  outside  city  of  first  class 18 

To  report  number  of  indigents  to  County  Judge 21 

To  superintend  taking  of  census 20 

Time  of  taking 20 

To  advise  teachers  as  to  discipline 20 

As  to  duties 20 

To  notify  Trustee  of  boundaries 20 

To  condemn  school  houses 19 

To  condemn  apparatus  and  furniture — ^-  19 

To  be  elected  by  voters  outside  of  first  class  city  —  19 

To  be   removed  when 26 

To  report  additional  facts 50 

To  remove  or  suspend  Trustee 25 

To  renew  county  certificate < 32 

To  revoke  county  certificates 31 

To  take  census  when 20 

Vacancy — ^how   filled ^ 26 


Index  201 

Page 

When  once  qualified 16 

When  appointed  by  County  Judge —  -  26 

COUNTY  TEACHERS  ASSOCIATIONS— 

Objects   of   73 

To  be  held  in  each  magisterial  district 73 

Vice-Presidents  of — how  selected 73 

When  held 73 

COURT  HOUSE— 

County  to  be  divided  at 45 

DEVICE  OR  EMBLEM— 

None  to  be  on  ballot 47 

DISTRIBUTION— 

Of  net  revenue 8 

DISTRICT  LIBRARY— 

Books  barred  from 73 

How  organized 73 

Management  of 73 

Pupils  to  have  free  access 73 

Residents  may  have  access  when 73 

Rules  governing  announced  by  County  Board  of 

Examiners 73 

Under  control  of  Trustee 73 

DIVISION  BOARD— 

Chairman  of 48 

Chairman  of  compose  County  Board 49 

Chairmanship — vacancy — how  filled 48 

Composed  of  Trustees 48 

Organized  by  County  Superintendent  when 49 

Records  of  to  be  kept 53 

Secretary  of 48 

Petitions  to,  by  voters 49 

Teachers'  application  to  be  filed  with ._  53 

To  fill  vacancy  when 48 

To  employ  teachers  when 53 

DOCTRINES— 

Certain  forbidden  to  be  taught 6 

EDUCATIONAL  DIVISIONS— 

Boundaries   45 

How  divided   45 

Number 45 

Sub-divided  how **-  46 


202  Index 

Page 

EDUCATIONAL  DIVISION  BOARD— 

Jhairman  to  call  meeting 48 

Chairman  to  report  in  writing 53 

Election  of  teacher 49 

May  remove  teacher *  49 

Number  necessary  to  elect  teacher 49 

Penalty  for  chairman  to  make  false  certificate  as 

to  teacher's  report 36 

Qualifications  of  teachers — how  determined 49 

Removal  of  teachers 49 

Secretary — duties  of 48 

Subdistrict  tax — duties  concerning  50 

Vacancies  to  fill 49 

When  to  meet 49 

EFFECTS  OF  ALCHOHOLIC  DRINKS  AND  NARCOTICS— 

To  be  taught  in  common  schools 11 

ELECTION- 

For  issuing  bonds  in  graded  schools 61 

In  Graded  Schools — 

Advertised  how 54 

How  held 54 

When 54 

Manner  of  voting  in  graded  schools 57 

To  establish  graded  schools 54 

ELECTION  OF  TRUSTEES— 

By  ballot 46 

Manner  of  holding 46 

Number  elected  each  year 46 

Officers  of  election  47 

Returns  to  be  certified 47 

When  held  46 

Who  may  vote  in _ 46 

ELECTION  COMMISSIONERS— 

To  appoint  election  officers  of  Trustee  elections 47 

ENFORCED  ATTENDANCE— 

Applies  to  colored  children 75 

Exceptions  under 75 

♦            Officers  to  enforce 76 

Penalty  for  failure _ 76 

Penalty  for  failure  to  send  children  to  school 75 

Recovery  of  fine  under  -^ — ^ — ,        76 


1                                                  Index  203 

Page 

Courts  having  jurisdiction 76 

Who  required  to  send  children  to  school 75 

EXAMINATION— 

For  county  certificates 28,  30 

For  State  diplomas 29 

Studies  em'braced  under   30 

For  State  certificates 30 

EXAMINATION  OF  TEACHERS— 

Brandies  examined  upon 27 

Distance  of  applicants  apart 27 

Fee  of  applicants __  27 

To  whom  paid 27 

Held  by  County  Superintendent 27 

Held  by  County  Attorney  when 27 

Investigation  of  character  of  applicant — who  by  _  27 

Manner  of  conducting 27 

Manner  of  holding 27 

Oath  of  applicant 27 

Officers  to  comply — penalty  for  failure 27 

Officials  to  be  present .    27 

Opening  of  questions — manner  of 27 

Penalty  for  selling  questions .^_  27 

Questions  of  under  seal 27 

Questions — how    sent   27 

Questions  for  white  and  colored 27 

Questions  prepared  by  whom 27 

Reasonable  time  allotted  to  applicants 27 

State  Board  to  grant  certificates — when  and  how  _  27 

Time  of  holding 27 

Who  to  hold 27 

EXPENSES— 

Incurred  by  County  Superintendent 26 

Of  Institute  to  be  paid  by  whom 71 

Traveling,   of   Superintendent  of   Public   Instruc- 
tion to  be  paid "    16 

FEES— 

County  certificate 30 

Institute 70 

State  certificate   30 

3tate  diplomas — ^ ?9 


204  Index 

Page 
FISCAL  COURT— 

Tax  levied  by 50 

FRACTIONAL  BALANCE— 

To  be  credited  to  county 5 

FUNDS— 

Consists  of  what 1,6 

Derived  from  dog  tax  to  go  to  school 7 

Distributed  impartially 2 

Forbidden  to  be  used  in  aid  of  or  by  sectarian 

schools 2 

Money  received  from  United  States  part  of 2 

Portion  unused  to  go  into  fund  for  following  year  2 

Recovery  of  on  bonds 44 

Set  apart  for  school  purposes 1 

To  subdistrict — how  apportioned 5 

To  be  distributed 1 

To  be  equally  divided  between  races 2 

When  distributed 10 

GENERAL  ASSEMBLY— 

Local    and    special    laws    concerning    Common 

Schools  not  to  pass 4 

To  provide  efficient  system 1 

To  regulate  Trustee  election 3 

GRADED  SCHOOLS— 

Additional  territory — how  added 55,  68 

Admission  of  other  pupils 60 

Annexation  of  territory 55,  68 

Manner    of    change    ■-  55,  68 

Time  of 55,68 

An  incorporation ^_  58 

Appointment  of  election  officers 58 

Bonds  issued 61 

Manner  of  issuing 61 

Board  of  Trustees — 

A  body  politic 58 

Change  boundaries 55,  68 

Duties  of 58 

Election  of 58 

Number  of 58 

Power    58 

Style  of 58 


Index  205 

Page 

Title  of  property  to  vest  in 64 

To  hold  election  for  levying  tax -  64 

Vacancies — ^^how  filled 59 

Boundaries — change  of   55,  68 

How   established   55 

Include  what  55 

In  territory  with  adjacent  county 55 

Limit   55 

By-laws  and  rules  of  Trustees 59 

'Classification  of  Trustees   59 

Change  of  boundaries 55,  68 

County  officers — duty  concerning 57 

Courses  of  study  prescribed  in 59 

Duties  of  election  officers 64 

Duties  of  Treasurer — ^bond  of 60 

Election  in   58 

How  held 54 

Manner  of  voting 58 

Time  of  holding 54 

Who  to  hold 54 

Established  in  territory  with  adjacent  county  —  55 

Manner  of 55 

Established  how  _., 54 

Examination  of  applicants  as  teachers,  etc. 59 

Free  tuition  to  whom 60 

Interest  on  bonds  limited 67 

Journal  kept  by  Trustee 59 

Public  inspection  of 59 

Limits  extended — how 55,  68 

New  boundary — 'how  establi9hed 55 

Not  affected  by  new  law 46 

Oath  of  Trustees 58 

Officers  of  Board 59 

Their  duties  59 

Order  of  election — delivered  to  whom 57 

Payment  of  old  debt 67 

Petitions  for  election 54,  55 

Proposition  voted  upon 64 

Provisions  concerning  colored  pupils 65 

Provisions — ^what  cities  may  accept 65 

Provisions  not  to  affect  what 66 


206  Index 

Page 

Provisions  concerning  bonds 67 

Purposes  of  tax  voted 54 

Ad  valorem 54 

Poll 54 

Purchasing,  sites,  buildings,   etc. *  61 

Regular  election  of  Trustees 58 

Repair  of  buildings 61 

Sinking  fund — provisions  for 61 

Tax  to  complete  buildings 67 

Tax  of  with  Adjacent  County — 

How  voted 56 

Limit  of   56 

Manner  of  voting 56 

Tax  Voted— 

Amount . 54 

Limit   of   54 

Manner  of  voting 54 

Who  approve  petition 54 

Who  to   organize   58 

GUARDIAN— 

Defined  under  Truancy  Law "  77 

Must  send  ward  to  school  8  weeks  in  year 76 

Penalty  for  failure  to  send  ward  to  school 76 

Penalty  for  failure  to  comply  with  Law 77,78 

INDIGENT  CHILDREN— 

To  be  furnished  text  books 21 

Who  to  furnish  books 21 

fNSTITUTE  INSTRUCTOR— 

Convention  at  Capitol 70 

Object  and  purposes  of 70 

Employed  by  County  Superintendent 70 

Normal  Instructor  may  be  had  when 72 

Number  in  joint  institutes 71 

To  be  experienced  and  able 70 

INVESTMENT  OF  SCHOOL  FUND— 

Interest  on  1 

LIBRARIES— 

County  report  on  24 

Sub-district  report  on 24 

(See  county  and  district  libraries.) 

MONEY— 

Record  kept  by  County  Superintendent 24 


71 


Index  207 

Page 

MUNICIPAL  INDEBTEDNESS— 

Extent  of  3 

MUNICIPAL  TAX  VOTE— 

To  be  acted  upon 3 

NAMES— 

Petition  number  on 47 

Printed  on  ballot 47 

NEWSPAPER— 

Notice  of  election  published  in  time  of 57 

Proceedings  of  Teacher's  Institute  to  be  published 
in    

NOMINATION— 

Petition  filed  when 47 

Trustee  how  made  47 

OATH— 

Administered  to  Trustee 24 

By  County  Superintendent 24 

For. county  examination 33 

Furnished  by  Supt.  of  Public  Instruction  __• 33 

Preserved  by  whom 33 

For  applicant  of  examination 33 

Of  county  examiner • 27 

Of  graded  school  trustee 59 

Reported  in  writing  when 32 

Who  may  administer 32 

OFFICE— 

Of  County  Superintendent  at  County   Seat 24 

Attendance   at   24 

OFFICERS  OF  ELECTION— 

Appointment   of 47 

Compensation „ 47 

Duties   of   47 

OPINIONS  OF  ATTORNEY-GENERAL— 

Abstracts  of 169,  176 

PARENT— 

Defined  under  truancy  law 77 

Must  send  child  to  school  eig'ht  weeks  in  term 75 

Exception    75 

Penalty  for  failure  to  send  child  to  school 75 

Penalty  for  failure  to  comply  with  provision  of 

truancy   law    76,77 


208  Index 

Page 

PARENTAI,  OR  TRUANT  SCHOOLS— 

Children   committed   to   82 

Establishment  of 82 

Instruction  in 82 

Location *  82 

Penalty  for  violating 82 

Regulations  of 82 

PAYMENT  OF  TEACHERS— 

Manner  of   .—  21 

Time  of 21 

To  be  personally  or  on  written  order 21 

PENALTIES— 

For  pupils  who  violate,  etc. 5 

Provided  for  employing  children 4 

PETITION— 

Concerning  graded  schools 55 

Contain  what 47 

To  change  graded  school 54 

To  division  board 49 

Trustees  nominated  by   47 

When  filed  by  clerk 47 

PRO  RATA— 

Auditor  to  give  data  concerning 9 

Not  used  for  one  year  disposal  of 2,  9 

Not  called  for  after  second  year  how  disposed 9 

To  be  ascertained   by   Superintendent   of   Public 

Instruction    9 

PROPERTY— 

Title  vests  in  County  Board  of  Education 52 

Title  to  vest  in  whom  in  graded  schools 64 

PROPOSITION— 

Voted  on  in  graded  schools  when  renewed 65 

PUBLICATIONS— 

Forbidden  to  be  used 6 

PUPILS— 

Free  access  to  district  library 75 

Held  accountable  by  teacher 36 

Regulation  of - 5 

Penalties  for  disobedience 5 

Suspension   of   36 

RECOMMENDATIONS— 

Of  Trustees  in  writing  to  whom 48 


Index  2m 

Page 

RECORDS— 

Report  by  County  Superintendent .    _     52 

Official  kept  by  Coointy  Superintendent 24 

REGISTER— 

Kept  by  teacher  in  graded  schools 59 

Kept  by  teacher  in  subdistrict 34 

REPORT— 

Annual  of  County  Superintendent 23 

M'onthly  and  term  of  teachers 35 

Of  Division  Chairmen 53 

Time  of 53 

Of  Trustees  in  writing 48 

RULINGS  OF  THE  DEPARTMENT— 

Abstracts  of 169,  185 

SALARY— 

Of  Superintendent  of  Public  Instruction 12 

Of  County  Superintendent 26 

Allowed  by  Fiscal  Court 26 

Based  upon  census 26 

Minimum  and  maximum 26 

Reported  to  Supt.  of  Public  Instruction 26 

Of  teacher  supplemented  how  when 8 

SCHOOL  DISTRICT— 

What   shall   constitute    45 

SCHOOL  FUND— 

Duty  of  Auditor  under 6 

Paid  into  Treasury  for  common  schools  only 6 

Paid  to  graded  schools 61 

What  consists   of   6 

SCHOOL  MONTH   4 

SCHOOL  TERM— 

Extension   of   9 

To  be  six  months 9 

SCHOOL  YEAR 5 

SECTARIAN  SCHOOLS— 

Not  to  receive  school  fund 2 

SEPARATE  SCHOOLS— 

Shall  be  maintained  6 

SETTLEMENT— 

Copy  of  for  County  Superintendent  to  be  sent  to 

'Superintendent  of  Public  Instruction 23 

Of  County  Superintendent  annually 23 


210  Index 

Page 

How  made  23 

To  whom  made 23 

Returns  of  settlement  furnished  by  Superintendent 

of  PubHc  Instruction  to  Auditor .  13 

'   Voucher  of  by  County  S'Uperintendent 23 

SHERIFF— 

Graded  schools  duty  concerning 57 

To  collect  subdistrict  tax 51 

Compensation   for  * 51 

To  collect  County  School  Tax 50 

SINKING  FUND— 

Commission  to  invest  certain  bank  stock 1 

In  graded   school   .' 63 

SPECIAL  BOND— 

Given  by  County  Superintendent 50 

Approved  by  whom  50 

STATE  BOARD  OF  EDUCATION— 

Body  politic 11 

Chairman    11 

Course  of  study  prescribed  by 11 

Corporate  acts 11 

Custodian  of  evidence  11 

Duties    of   11 

Meetings   11 

Powers  as  to  property 11 

Power  to  revoke  State  Diploma 30 

Quorum .  11 

Standing  Committees  11 

To  regulate  county  libraries 74 

Who  constitute   11 

STATE  BOARD  OF  EXAMINERS— 

Appointed  by  whom 12 

Compensation  of 29,  30 

Duties   of   12 

Manner   of  performing   _ 30 

Memhers    of   program    committee    for    Teachers' 

Institute   programs — -  69 

Questions  to  prepare ^ -, —  30 

Series  of  questions  Number ^ 30 

Seal  of  placed  on  Diplomas ■ 30 

To  grant  State  Certificate 30 

To  hol4  e?caminations  for  State  diplomas  -—^--  3^ 


index  211 

Page 

To   prepare   questions    30 

To  renew  State  certificates — When 31 

Who   to   compose   ~     12 

When  to  issue  certificates  — 32 

STATE  CERTIFICATE— 

Branches   examined  upon   30 

Answers  to  be  sent  to  whom — By  whom 31 

Applicant  to  possess  good  moral  character "  31 

County  examiners  to  recommend  renewal •         31 

County  Superintendent  duties  in  examination  of 31 

Duration   of   31 

Examination   for   30 

Fee  30 

Manner  of  examining  papers  of  applicant 30 

May  be  renewed  how 30 

Qualifications  of  applicant 29 

Revoked    how    32 

Seal  to  bear 32 

When  examination  for  held 30 

Who  to  conduct  examination 30 

Who   to  grant   30 

Written  statement  of  County  Superintendent 31 

STATE  DIPLOMAS— 

Applicant  to  poss'sss  good  moral  character ..  ,_  29 

Duration   of   29 

Examination  for  held 29 

Fee  for  examination ^..^  29 

Holder  of  qualified  for  County  Superintendent 29 

To  bear  seal 29 

Who  to  issue 29 

STATE  NORMAL  SCHOOLS— 

Act   concerning 130,  144 

Appropriations  for 137,  138,  140 

Regents    for   130 

Advertisement   for  bids   142 

Annual   report  of   135 

Appointment  of  regents 131 

Bonds  given  to  by  successful  bidders 142 

Causes  of  removal  from  office 134 

Condemnation   proceedings   142 

Election  of  officers  131 

Oratuitous    instruction    137 


212  Index 

Page 

Grant   cjertificates    132 

Grades  of 133 

Endorsement   of    133 

May  be  revoked  133 

Itemized  account  to  be  submitted  by *  142,  144 

May  appoint  architects 142 

May  Convey 139 

May  provide  library 139 

May  purchase  sites . 139 

May  purchase  additional  grounds 140,  142 

Model  schools  to  be  established 138 

Mileage  to  be  allowed 135 

Meetings  to  be  held  by 132 

Not  to  be  interested  in  what 135 

Powers  and  duties  132 

Power  to  remove  officers 134 

Power  to  fix  courses 134 

Payment  of  indebtedness   136 

Pupils - 137 

Quorum 132 

Reports 135 

Term  of 131 

Treasurer — 

Bond  of U6 

Duties  of 136 

Secretary — 

Compensation   136 

Duties    136 

R,eport  to  whom  135 

Special  meetings   135 

Buildings  to  be  erected 140 

Committee  to  fix  boundaries 130 

Commission  to  locate 138 

Created   130 

Deeds  made  to  Commonwealth 139 

Executive  Council  created 132 

Duties  of 132 

Meetings  of  133 

Quorum 132 

Who  compose 132 


Index  213 

Page 

Objects  of 130 

Students  may  take  examination  for  what 140 

Class  of  certificates ^  TAO 

STATE  UNIVERSITY— 

Acts  of  Congress  to  be  carried  out 160 

Appointment  of  beneficiaries 161 

Appropriations  for 149,  150,  151,  153,  155,  156,  157 

Circulars  to  be  posted 154 

Collegiate  period 148 

Competitive  examination ._^_  161 

County  certificates  issued  to  whom 163 

Board  of  Trustees  144 

Advertising,  etc.   156 

Appointment,  Manner  of 144 

Appointment  of  Secretary  and  Treasurer 146 

Appointment  of  Board  to  manage  women's  dormi- 
tory    150 

Appointment  of  Architect 152 

Bond  to  be  given  by  successful  bidder 156 

Certificates  issued  by — ^Classes  of 157 

Contracts 152 

Created    144 

Bi-partisan  after  1910 162 

Degrees  conferred  by 146 

Governor — Chairman  of : 144 

Meetings  of 148 

No  preference  to  be  shown 146 

Quorum  of 146 

Power  to  purchase  additional  ground 156 

Power  to  govern  college 148 

Powers  and  duties  of 145 

Report  to  General  Assembly 148,  153 

Selection  of  President  and  professors 145 

Treasurer  to  give  bond 147 

Vacancies — How  filled 147 

Where— Meet 146 

Diplomas  155 

Duty  of  County  Superintendent 161 

Emergencies   153,  154 

Executive  Committee  146 

Free  tuition  to  whom 162 


214  Index 

Page 

rnformatlon  to  County  Superintendent 149 

Law  Department  established 160 

Location  not  changed 162 

Medical  and  Surgical  Department  established 160 

Moneys — -How  paid .    153,  156 

Normal  department  eliminated 158 

Previous  acts  referred  to 159 

Student — Appointment  to   149 

Title  changed 159 

Women's   dormitory   150,  151 

Wonk  of  sub-freshman  eHminated 158 

SUBDISTRICTS— 

Boundaries   of   45 

Consolidation  of 53 

Establishment  of  new .      52 

Include  white  and  colored  children 45 

Maximum  and  minimum  of  pupils 45 

SUBDISTRICT  TAX— 

Amount 51 

Election  for 51 

Time  of 51 

How  levied '. 51 

Notice  of  election 51 

Order  levying 51 

Question  voted  upon 51 

Returns  of  election 51 

•Canvass-ed  by  whom 51 

Tax — To  receive 51 

Who  to  collect 51 

SUPERINTENDENT  OF  CITY  SCHOOLS— 

Duties  under  Truancy  Law 80 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Approval  of  revoking  State  certificate ._  32 

Attorney-General    to   advise    14 

Appointment  of  State  Board  of  Examiners 12 

Appeals    14 

Blanks  to  County  Examiners 14 

BHnd,  Deaf,  Dumb  and  Feeble-minded  Institute —  13 

Duties  concerning 14 

Blanks,  official  documents 14 

Biennial  report  to  General  Assembly 13 

Beginning  of  term - 12 


Index  215 

Page 

Bond 12 

Clerks    12 

Chairman  of  State  Board  of  Education ~  i2 

Certified  copies  of  records,  etc. 13 

Deliver  effects  of  office  to  successor 16 

Donations,  gifts  and  devises — Duties  concerning- 15 

Expenses  to  be  paid  when 16 

Furnish   changes    of    County    Superintendents    to 

Auditor    13 

Instructions  to  be  furnished 13 

Institutions — Duties  concerning 13 

Keep  accounts 13 

Make  settlements 13 

May  require  facts  under  Truancy  Law 81 

May  require  facts  of  teachers 35 

Members   of   program   committee    for    Teachers' 

Institutes  programs '   69 

Neglect  of  duty,  etc. 14 

Oath 12 

Office  suppKes 12 

Office  at  seat  of  Government 12 

Official  decisions 14 

Penalty  for  violating  Section  43 16 

Report  misappropriations  of  school  fund 14 

Records   14 

Salary 12 

School  Laws  to  be  edited  by 14 

To  ascertain  per  capita 8 

To  furnish  teachers'  blanks 35 

To  publish  for  general  distribution  certain  tracts, 

important  facts  and  data 13 

To  pay  City  School  Boards 21 

To  prescribe  rules  for  County  Superintendents 25 

To  supply  blanks  to  City  Boards 60 

To  recommend  normal  instructors  for  institutes__  70 

SURPLUS  DUE  COUNTIES— 

To  remain  an  obligation  against  Commonwealth 2 

SUSPENSION  OR  EXPULSION  OF  PUPILS 5 

SYSTEM  OF  COMMON  SCHOOLS— 

To  be  uniform 4 

TAX— 

Expended  for  both  white  and  colored  children 50 


216  Index 

Page 

Graded  school  voted 54 

Li'mit    54 

Manner  of  voting 54 

How  assessed  and  collected 50 

Levied  by  whom  in  graded  school  districts .  63 

Levied  by  county 46,  50 

N'ot  to  exceed 50 

Of  graded  school  with  adjacent  county 55 

Limit   55 

Manner  of  voting 55 

Purposes  of 55 

Territory  exempt 45,  50 

To  be  voted 51 

To  complete  graded  school  building 67 

To  pay  old  debt 67 

Used  for  what 51 

TAXATION— 

Submitted  to  voters 1 

TEACHERS— 

Access  to  county  library 74 

Application  to  be  filed 49 

Blanks  supplied  by  whom 35 

Certificate  of  attendance  at  institute  to  be  filed  with 

whom 70 

Contracts 49 

County  certificate  of 28,30 

Classes 28 

County  High  Schools  Employment  of 52 

Duties  required  of 36 

Employment  of  in  graded  schools 59 

Examined  for  State  diploma 29 

Examination  for  State  certificate 30 

Facts  to  be  ascertained  by 34,  35 

Fees  at  Institute 71 

Given  credit  for  attending  institute 70 

How  elected : 49 

May  contract  in  writing 4 

Teach  extra  students 36 

May  have  county  certificate  renewed 32 

Must  attend  institute 70 

Penalty  for  failure . 70 

Not  eligible  to  office  of  County  Superintendent 18 


Index  217 

Page 

Of  consolidated  schools 53 

Pay  entitled  to  when  dismissed 55 

Payment  for  fractional  month  when "~    "35 

Payment  of  when  renewed 36 

Penalty  for  false  report 36 

Qualifications  of 28,  52 

In  graded  schools 59 

For  State  diploma 29 

Register  to  keep 34 

Removal  by  Division  Board 36 

Removal  for  what 49 

Reports  of  examined  by  whom 35 

Revoking  of  certificate 30 

Shall  hold  certificate 29 

Studies  to  teach,  etc. 36 

Summaries    34 

Suspension  of  pupils 36 

Time  of  election 49 

To  be  given  certificate  of  attendance  at  institute —  71 

To  be  instructed  by  an  able  instructor 70 

To  hold  pupils  accountable 36 

To  keep  register  in  graded  school 59 

To  make  monthly  and  term  reports 35 

To  possess  good  moral  character 30 

To  suspend  school  during  Institute  week 71 

Vacancies,  How  filled 49 

When  elected 49 

Who  may  remove 49 

TEACHERS'  INSTITUTES— 

County  Superintendent  to  attend 72 

His  duties 72 

To  employ  instructor  for 70 

Duration  of 70 

Expenses  how  paid 72 

Fees  72 

Joint  institutes  may  be  held  when 72 

May  have  normal  instructor  when 72 

Must  attend  teachers  associations 73 

Penalty  for  failure 73 

Normal  instructors  how  paid 72 

Penalty  for  County  Superintendent  for  failure  to 

hold   70 


218  Index 

Page 

Prcxrteedings  of  published  in  local  newspapers 72 

Program  furnished  by  whom  when 70 

Published   copy   of   proceedings    to    be    sent    to 

Superintendent  of  Public  Instruction 72 

Report   of   to    be   included    in   annual    report   of 

County    Superintendent    73 

Schools  to  suspend  during 71 

Selection  of  place  where  held 72 

Subjects  of  discussion  in 72 

Surplus  fund  of  how  distributed 72 

Teachers  to  be  notified  of 72 

Trustees  to  be  notified  of 72 

Time  to  be  held 70 

To  be  organized 70 

Who  compelled  to  attend 71 

Penalty  for  failure 71 

TEACHER'S  REGISTER— 

Duty  of  division  chairman  concerning 34 

Kept  by  teacher 34 

Property  O'f  subdistrict ..__  34 

To  be  kept  how : 34 

Who  to  examine 35 

Who  to  furnish 34 

TEXT-BOOKS— 

Cost  not  to  exceed • 28 

Furnished  to  indigent  children 28 

Paid  for  by  county 28 

TUITION— 

In  graded  schools 60 

To  be  paid  by  pupils  when 4 

TRUANCY  LAW— 

Absentees  to  be  reported 81 

Applies  to  what  cities 77 

Children  to  attend  under 77 

Exceptions  under 77 

Fines  and  penalties 77 

Jurisdiction  of  Courts ._ 80 

Officers — 

Appointment 79 

Compensation  79 

Duties    79 

Examination  of 79 


Index  219 

Page 

Qualifications    79 

Under  supervision  of  City  Superintendent 80 

Parental  or  truant  schools 82 

Penalties  for  parent  or  guardian  failing  to  comply  78 

Penalty  for  false  statement  under 78 

Record  of  age 78 

School  officer  to  report  under 80 

TRUSTEE— 

Census  to  take ^^_  48 

Compensation   48 

Compose  division  board 48 

Duties    of    48 

Eligibility    47 

Election  of 47 

Graded  schools — 

Emiployment  of  teacher  in 59 

To  purchase  what 61 

Hov^  nominated 46 

Opportunity  given  to  produce  evidence 25 

Removal  or  suspension  of 25 

Report  to  Division  Board 48 

Reports  of  referred  to  County  Board 48 

Serve  until,  when 46 

Term  of  office 46 

To  be  notified  of  institute  meeting 70 

To  enforce  attendance  of  children  at  school 75 

To  have  five  days' notice,  when 25 

Not  eligible  to  office  of  County  Superintendent —  18 

Not  to  be  interested  in  what,  penalty 53 

To  notify  people,  when 25 

To  report  additional  facts 21 

Vacancy  how  filled 48 

When  elected 48 

USE  OF  SCHOOL  FUND 6 

VACANCY— 

Of  County  Superintendent's  Office,  how  filled 26 

Of  graded  trustees,  how  filled 59 

Of  trusteeship,  how  filled 48 

Voters — 

Legal  at  trustee  election 47 


220  Inde^ 

» 

Page 

WHITE  CHILDREN— 

Included 45 

Free  admission  in  graded  schools 60 

Maximum  and  minimum  in  subdistricts 46 


